Restrictions On The Beneficial Use Of Software

Law360, New York (November 30, 2010, 11:56 AM EST) -- Software licensees cannot assume that a license to use software includes a right for the licensee to permit a third party to use the software on behalf of and for the benefit of the licensee. The U.S. Court of Appeals for the Fifth Circuit, applying Texas law in a decision filed on Oct. 18, held that attorneys for a software licensee could not use software for the licensee’s benefit “[b]ecause the licensing agreement expressly prohibited any use of the licensed technology not explicitly permitted by the...
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