What is the legality regarding a software license agreement for commercial use?

I am freelance cartographer and I am interested in purchasing a software and data product. One of the clauses in the product's license agreement is as follows: “Except as provided herein, Licensee shall not sell, rent, lease, sublicense, lend, assign, or time-share Software, Data, Web Services, or Documentation. Licensee shall not act as a service bureau or commercial application service provider (ASP) that allows third-party access to Software, Data, Web Services, and Documentation. Licensee shall not use Software, Data, Web Services, or Documentation for a site or service and operate the site or the service for a profit or generate revenue through direct or indirect methods (e.g., advertising or by charging for access to the site or service)." If I have read this correctly, as a result of the third sentence, I cannot use the software or data to create maps for sale to third parties or maps that I display on my own website that generates revenue through advertising. Yet this company is one of the principal software providers for professional cartographers like myself, and we are mostly in the business of selling the maps we create to others (who, in turn, often use them to generate revenue in various ways). Other parts of the license agreement allow for commercial use of the software and data in specific circumstances (proper source attribution, etc.). So is it possible that the "except as provided herein" clause at the beginning of the paragraph applies to the entire paragraph?
Share |
Answered By: Intellectual Property Center, LLC
Software license agreements are legal documents which govern the use of the product. If the product is licensed with a non-commercial use, they probably will entertain an offer for a commercial license. Usually, it is simply a cost difference. I would suggest contacting the software company and see if they will sell a commercial license or grant you a license for commercial use. Good luck.

Answer Applies to: Kansas
Replied: 6/15/2011

Disclaimer: The response above does not form an attorney-client relationship. This answer may or may not apply to you and should not be relied upon as legal advice. LawQA does not make any representation as to the expertise or qualifications of this attorney. This attorney may or may not be admitted to state bar of your state.

Answered By: Barton Barton & Plotkin
This is purely a matter of contract interpretation. My best guess is that the contract prohibits your use of the software for commercial production and sale of maps. The except as otherwise provided clause probably does not help you.

Answer Applies to: New York
Replied: 6/14/2011

Disclaimer: The response above does not form an attorney-client relationship. This answer may or may not apply to you and should not be relied upon as legal advice. LawQA does not make any representation as to the expertise or qualifications of this attorney. This attorney may or may not be admitted to state bar of your state.

More Questions on Patent


Talk to an Attorney

Input your zip code in the box below to find an attorney in your area today for a case review.

Ask Questions

Ask a local attorney a question for FREE.

Free Answers

FREE answer from a local attorney.

100% Anonymous

Your email is only used to send answers to you.

Ask a Local Attorney

Free Legal Questions & Answers