Federal Copyright Law: Includes Copyright Act of 1976, Digital Millennium Copyright Act (DMCA), and Computer Software Copyright Act. These laws protect original works of authorship fixed in tangible form, including software code.
Federal Patent Law: Encompasses Patent Act (35 U.S.C.), software patent considerations, and business method patents. Relevant for protecting novel, non-obvious aspects of software functionality.
Federal Trade Secret Law: Covers Defend Trade Secrets Act (DTSA) and Uniform Trade Secrets Act (UTSA), protecting confidential business information that provides competitive advantage.
Contract Law: Includes Uniform Commercial Code (UCC) and state contract laws, governing formation and enforcement of software license agreements.
Consumer Protection Laws: Federal and state consumer protection statutes, including warranty disclaimers and liability limitations requirements.
Data Privacy and Security: State data privacy laws, federal privacy regulations, and international compliance requirements like GDPR if applicable.
Export Control Regulations: Export Administration Regulations (EAR) and International Traffic in Arms Regulations (ITAR) governing international software distribution.
Antitrust Considerations: Sherman Act, Clayton Act, and Federal Trade Commission Act provisions affecting competition and market behavior.
Electronic Signatures: Electronic Signatures in Global and National Commerce Act (ESIGN) and Uniform Electronic Transactions Act (UETA) governing digital contract execution.
Industry-Specific Regulations: Specialized regulations depending on software application area (healthcare, financial services, etc.).
License Scope: Definition of permitted uses, territories, and users of the software.
IP Ownership Rights: Clear delineation of intellectual property ownership, including derivatives and modifications.
Usage Terms: Specific conditions and restrictions on how the software can be used.
Distribution Rights: Terms governing redistribution, sublicensing, and transfer of the software.
Modification Rights: Conditions under which the software can be modified, including source code access if applicable.
Warranty Terms: Extent of warranties provided or disclaimed regarding software performance and functionality.
Liability Limitations: Restrictions on liability exposure and damage claims related to software use.
Termination Conditions: Circumstances and procedures for license termination and post-termination obligations.
Dispute Resolution: Procedures and venues for resolving conflicts related to the software license.
Confidentiality Provisions: Requirements for protecting proprietary information and trade secrets related to the software.
