As software companies are increasingly enforcing compliance with the terms and conditions of their licence agreements, it is very important to understand, when using any software, the terms upon which its use is permitted particularly as, in some instances, deliberate breaches and abuses can amount to a criminal offence.
Timothy Thompson of Kangs Solicitors, who has been advising a number of UK companies on alleged breaches reports upon the position.
Software Licence Agreements | Kangs Regulatory and Compliance Solicitors
Software is ‘Intellectual Property’ and, as such, requires effective protection for the publisher to ensure legal use and to provide sanctions in the event of any abuse.
Software Publishers seek to protect their position through License Agreements which strictly regulate the use of their product.
Such Licence Agreements usually incorporate the right for the software publisher to conduct a Software Licence Compliance Audit (‘a Compliance Audit’), the nature of which has been detailed in a previous article on this website under the title:
Software Licence Compliance Audits
It has been reported that more than two-thirds of businesses receive at least one Compliance Audit request each year.
Software Licence Compliance Audits | Kangs Solicitors
Upon receipt of a Compliance Audit Request legal advice should be sought immediately for guidance and advice throughout the process.
However, our team is able to assist whatever stage the process has reached by:
- advising upon and assisting with the conduct of an internal audit in order to assess the adequacy of compliance.
- consideration of and advising upon any initial report from the software publisher challenging and defending any alleged breaches.
- preparing for and conducting any settlement negotiations that may become necessary.
Who Can I Contact For Help? | Kangs Software Regulatory and Compliance Team
Software Compliance Defence
We are regularly instructed by Companies and Individuals and have a team of lawyers who can provide you with the necessary advice and guidance to ensure that your legal rights are protected.
Should you have any questions or need advice on any software regulatory topic, please do not hesitate to contact our team through any of the following: