Software licensing techniques

LICENCING

License

License

A permit from an authority to own or use something, do a particular thing, or carry on a trade .

Freedom to behave as one wishes, especially in a way which results in excessive or unacceptable behavior.

Software License

The hallmark of proprietary software licenses is that the software publisher grants the use of one or more copies of software under the end-user license agreement (EULA), but ownership of those copies remains with the software publisher.

A software license is a legal instrument (usually by way of  contract law, with or without printed material) governing the use or redistribution of software. Under United States copyright law all software is copyright protected, except material in the public domain. A typical software license grants an end-user permission to use one or more copies of software in ways where such a use would otherwise potentially constitute copyright infringement of the software owner's exclusive rights under copyright law.

 

All software must be legally licensed before it may be installed. Proof of purchase (purchase orders, receipts, invoices or similar documentation are acceptable) must be maintained by individuals or departments for all non-ITS provided software that is installed on a university-owned computer. Vendors may require proof of purchase during an audit, and technical support staff may ask for proof of purchase before software can be reinstalled on a computer that has been reimaged or rebuilt.

Types of licenses

Proprietary license

Most software licenses are "proprietary" licenses, meaning the software publisher grants a license to use one or more copies of software, but that ownership of those copies remains with the software publisher. The user must accept the license before they are permitted to use the software.

GNU General Public LicenseThese are agreements under which much "open source" software is licensed. End users may do things like change the source code, but any refinements of the software must also be made available under a GNU GPL license. Often referred to as "free, copy left" licenses, the software may or may not be distributed for a fee - "free" refers to the ability of users to change and distribute modifications of the software, not to cost

End User License Agreement (EULA) Also called "clickwraps" or "shrinkwraps," EULAS indicate the terms under which the end-user may use the software. Agreements with organizations or companies often take the form of contracts between the organization and the software publisher or vendor, and specify the terms of use for all users from the organization, superseding any EULAs which may come with the software.

Workstation licensesThese are licenses that permit the installation of an application on a single computer. You may not install the software on more than one machine unless you purchase a license for each additional machine. Most workstation license agreements allow you to make a single backup copy of the software as long as that backup copy is used only to restore the software onto the same machine, or a separate machine if the software is removed from the original computer

Concurrent use license

These are licenses that permit you to install the software onto multiple machines as long as the number of computers using the software at the same time does not exceed the number of licenses which you have purchased. Concurrent use licenses are usually used in conjunction with "license manager" software that prevents the number of licenses from being exceeded. At UNCG, ITS uses KeyServer software that monitors and controls the use of concurrent use licensed software.

Site licensesA site license permits the use of software on any computer at a specified site. Unlimited site licenses allow the installation of software on any number of computers as long as those computers are located at the specified site. Some site licenses permit the installation on computers owned by a particular entity (such as a university) regardless of the physical location. Some vendors refer to their licenses as site licenses but restrict the number of computers on which the software may be installed. The only way to know for sure is to read the license specifics.

Perpetual licenses

These are licenses without expiration dates, which permit use of the software indefinitely, without requiring a recurring fee for continued use. Most software that individuals buy for use on their home computers are perpetual licenses.

Non-perpetual licenses

These are licenses that "lease" the software for use for a specified period of time, usually annually or sometimes bi-annually. Users are required to remove the software from their computer if they cease paying the license fee

License with Maintenance

Some license agreements allow the user to purchase "maintenance" or "software assurance" along with the original license fee, which entitles the user to receive new versions of the software for one to two years until the maintenance agreement expires.

Software Licensing Models

Beta or field test

This type of license is used to get feedback so usually expire at the end of the Beta test and are not renewed. The product is likely not be „production grade‟ and the licensee may be required to exercise the software under certain conditions and to submit reports, as well as limit use to defined environments and users that fit a specific profile.

Cross licenseThese are used when the licensor and licensee(s) agree to exchange rights. The rights are not necessarily symmetrical, nor no-fee. It can be a way for people to leverage their intellectual property by exchanging value on a no-cash basis.

Demo or evaluationSuch licenses are granted for a short time such as 30 days or a number of uses. Usually, production-level work is not allowed and some features may be limited or disabled, or it may have a time bomb that disables the product at a certain time. The types of users, platforms, content or tools may also be prescribed.

DevelopmentThese licenses can require granting rights to modify the software, or in some cases, to create derivative works. Alternatively, the grantor may want rights to modify the output of the development effort; or the licensee may need to retain residual rights in order to support the output. Development licenses are used to gain special knowledge and to supplement engineering effort.

Duplicate grouping (license sharing) by user, host or displayGrouping defines rules for counting usage when a single user concurrently runs the same application on several computers. This instance may count as a single use or a multiple use, depending on the license terms.

End User License Agreements (EULA), Shrink Wrap or “click through”

These are most common license models for online and single user software. They usually grant the perpetual right to use, only for one end-user on one computer at a time, and do not include any upgrades.

Group License

This type of license can be used to develop a consortium. It grants rights only to members of a specific group such as named entities, or those that adhere to a particular

standard, or have received a particular certification. Group licenses may require licensees to grant special rights to all members of the group such as mandatory no-fee cross-licensing.

Examples of License software

 shrink wrap contract: an example of a license for which the originators maintain strict control over the software component is the Microsoft Windows Operating System software. This has helped Microsoft successfully gain a dominant position in the software market: Microsoft Licensing. 

Example of free software license:The GNU GPL is aimed at providing licenses with significant permissions and rights. There are restrictions in the license -- the licensee must pass on the received permissions and rights to anyone to whom they provide the software. Once a piece of software is distributed under the GPL that released copy will always be available with the permissions and rights received.