Back to Search

Software license agreements

Title	Software license agreements
Author	Erkekoğlu, Ahu Eker
Publication Date:	2019-08
Subject	License, License agreement, Software license agreement
Type	Document
Language	Turkish
Digital	Yes
Manuscript	No
Library:	Özyeğin University
Record ID	a5c8a819-c476-4efc-9917-ede8d6dfb459
Library Location	Department of Private Law
Date	2019-08
Sample Text	Software license agreements are agreements in which the use of a computer software is transferred to another party (user) for a certain fee and the subject of the license agreement is software. Although they have some similarities with know-how agreements, license agreements, electronic information operating system transfer agreements, software maintenance agreements, software version agreements, sales agreements and work agreements, they are fundamentally different from these agreements. In this study, software license agreements and their legal nature were evaluated. Although the Law on Intellectual and Artistic Works was taken as the basis for this evaluation, in cases where this law was incomplete, the Law of Obligations, the Turkish Code of Obligations and the German Civil Code were also used. In the first part of the study, the concept of software, software types, license and license agreement concepts, the concept of license agreement in general and within the framework of the Law on Intellectual and Artistic Works (FSEK), the concept of software license agreement and its distinction from other contract types are discussed. In the second part, where the general features of the software license agreement are examined, the legal nature of the software license agreement, the establishment and form of the software license agreement, the obligations of the contracting parties and the limitations arising from intellectual rights in software license agreements are discussed. In the third section on the termination of the software license agreement, the rights arising from the software license agreement are subject to legal proceedings, and in the fourth section, the issues of expiration and realization of the purpose, termination and finally extinction due to perfect subsequent impossibility are evaluated. Throughout the study, the topics are discussed in a comparative manner according to different software license agreement types and situations. The content of the thesis is supported by both Turkish and foreign court decisions and subject explanations, and it is aimed to strengthen the concretization for practice., Software license agreements are those agreements where the use of a computer software is transferred to another party (the user) for a certain fee, and where consisted of a software of which is the subject of the license agreement. Although the software license agreements have some similarities with know-how contracts, license agreements, electronic information operating system transfer agreements, software maintenance agreements, software version agreements, sale agreements and works agreements, they are basically different from these ones. In this study, software license agreements and their legal nature were evaluated. In this evaluation, although the Law on Intellectual and Artistic Works (LIAW) is taken as a basis, the Code of Obligations, Turkish Code of Obligations and German Civil Code were applied in cases where LIAW seems insufficient. In the first part of the study, the concept of software, its types, the concepts of licensing and license agreement, the concept of license agreement in general and within the framework of the LIAW, the concept of software license agreements and its difference from other aggregation types are discussed. In the second section, which examines the general characteristics of the software license agreement, the legal nature of the software license agreement in general and according to the type of agreement, the establishment of the software license agreement, the obligations of the contracting parties, and also the restrictions on intellectual property rights in software license agreements are discussed. In the third section about the termination of the software license agreement, the rights arising from the software license agreement are subject to legal proceedings, and in the fourth section, the expiration of the software license agreement, the expiration and realization, the termination, and the extinction due to the subsequent objective impossibility issues were evaluated. In the whole study, the topics are discussed in a comparative manner, according to different types of software license agreements and situations. The content of the thesis is supported by both Turkish and foreign court decisions and by subject descriptions, and it is aimed to strengthen the implementation oriented concretisation.

View in source Özyeğin University Özyeğin University - Ottoman library catalog search

Özyeğin University

Software license agreements

Author Erkekoğlu, Ahu Eker

Publication Date 2019-08

Subject License, License agreement, Software license agreement

Type Document

Language Turkish

Digital Yes

Manuscript No

Library Özyeğin University

Record ID a5c8a819-c476-4efc-9917-ede8d6dfb459

Library Location Department of Private Law

Date 2019-08

Sample Text Software license agreements are agreements in which the use of a computer software is transferred to another party (user) for a certain fee and the subject of the license agreement is software. Although they have some similarities with know-how agreements, license agreements, electronic information operating system transfer agreements, software maintenance agreements, software version agreements, sales agreements and work agreements, they are fundamentally different from these agreements. In this study, software license agreements and their legal nature were evaluated. Although the Law on Intellectual and Artistic Works was taken as the basis for this evaluation, in cases where this law was incomplete, the Law of Obligations, the Turkish Code of Obligations and the German Civil Code were also used. In the first part of the study, the concept of software, software types, license and license agreement concepts, the concept of license agreement in general and within the framework of the Law on Intellectual and Artistic Works (FSEK), the concept of software license agreement and its distinction from other contract types are discussed. In the second part, where the general features of the software license agreement are examined, the legal nature of the software license agreement, the establishment and form of the software license agreement, the obligations of the contracting parties and the limitations arising from intellectual rights in software license agreements are discussed. In the third section on the termination of the software license agreement, the rights arising from the software license agreement are subject to legal proceedings, and in the fourth section, the issues of expiration and realization of the purpose, termination and finally extinction due to perfect subsequent impossibility are evaluated. Throughout the study, the topics are discussed in a comparative manner according to different software license agreement types and situations. The content of the thesis is supported by both Turkish and foreign court decisions and subject explanations, and it is aimed to strengthen the concretization for practice., Software license agreements are those agreements where the use of a computer software is transferred to another party (the user) for a certain fee, and where consisted of a software of which is the subject of the license agreement. Although the software license agreements have some similarities with know-how contracts, license agreements, electronic information operating system transfer agreements, software maintenance agreements, software version agreements, sale agreements and works agreements, they are basically different from these ones. In this study, software license agreements and their legal nature were evaluated. In this evaluation, although the Law on Intellectual and Artistic Works (LIAW) is taken as a basis, the Code of Obligations, Turkish Code of Obligations and German Civil Code were applied in cases where LIAW seems insufficient. In the first part of the study, the concept of software, its types, the concepts of licensing and license agreement, the concept of license agreement in general and within the framework of the LIAW, the concept of software license agreements and its difference from other aggregation types are discussed. In the second section, which examines the general characteristics of the software license agreement, the legal nature of the software license agreement in general and according to the type of agreement, the establishment of the software license agreement, the obligations of the contracting parties, and also the restrictions on intellectual property rights in software license agreements are discussed. In the third section about the termination of the software license agreement, the rights arising from the software license agreement are subject to legal proceedings, and in the fourth section, the expiration of the software license agreement, the expiration and realization, the termination, and the extinction due to the subsequent objective impossibility issues were evaluated. In the whole study, the topics are discussed in a comparative manner, according to different types of software license agreements and situations. The content of the thesis is supported by both Turkish and foreign court decisions and by subject descriptions, and it is aimed to strengthen the implementation oriented concretisation.