End User License Agreement In Nederlands

In the Netherlands, there is no specific legislation governing licensing agreements. This means that, in accordance with Dutch law, licence agreements are subject to the general provisions of Dutch contract law. Licensing agreements should affect other legal areas, such as intellectual property law and competition law (including Community competition law). Een end-user license agreement, acroniem EULA, wordt in het Nederlands meestal een gebruikersovereenkomst of gebruiksrechtovereenkomst genoemst. Een EULA bevat de droite en plichten van de gebruiker van een softwareproduct. In the Netherlands, there are no formal requirements for licensing agreements. This means that a license agreement can be concluded orally or, for example, through an exchange of documents. However, some intellectual property licenses can only be claimed from third parties if they have been properly registered. Under Dutch law, a licence agreement is an agreement in which one party (the licensor) grants another party (the licensee) a certain right to exploit a property right. In many cases, this is an intellectual property right, such as a patent, trademark or domain name. In the Netherlands, licensing agreements can take many forms. For example, a license agreement (i) may be for, exclusively or not, (ii) for a fixed term or for an indefinite period, or (iii) an existing patent or a pending patent.

This is a field of law getwijfeld over de rechtsgeldigheid van een EULA, de met name vanwege de wijze van presenteren van EULA`s aan gebruikers. The EULA can be considered as a set of general conditions of sale. [1], so that they are only valid if they have been made available to the buyer before or at the time of purchase or, if a discount is not reasonable, the buyer has been informed that they are available for viewing in the shop. [2] EULAs, which are only readable after purchase, are therefore not legally valid vis-à-vis individuals (shrinking film license and pre-installed software). In the event that the user has to use the software himself to consult the EULA, there is a paradox. It is advisable to consult a Dutch lawyer before withdrawing a license agreement subject to Dutch law in order to ensure that the design and execution of the contract comply with the requirements of Dutch law. If you enter into a licensing agreement governed by Dutch law, you must at least take into account the following six elements: one of the important objectives of the EULA for the software manufacturer is to exclude any liability. Formulations such as “To the extent permitted by law, the PC manufacturer and its suppliers do not give any other express or implied warranties, including, but not limited to, implied warranties of market eligibility or fitness for a specific purpose (purpose, use) with respect to the SOFTWARE” are widespread. As regards THE SEAEs imposed on consumers, it is not clear to what extent such a discharge clause is applied. In the context of the general terms and conditions of sale, it is probably unduly painful (Article 6:237(f) DGB) to exclude liability in this situation.

The dubious status of EULA`s has no influence on copyright. The copying and distribution of software remains illegal, unless a license allows it, as in the case of free software and open source software. The sale of the original software on the medium with which it was purchased is legal: the copyright is exhausted. [3] This does not apply to downloaded software, as the law only provides for situations in which the software is delivered as a “copy”. It`s a myth that you can resell software as long as you miss the original.

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