Owners of websites that make software programs available for download for a fee need to establish terms and conditions for their sales. Sellers of downloadable software often need to clarify their relationships with visitors to the site and with actual purchasers of the software. Sellers also typically want to limit uses of the product once it is downloaded. Additionally, sales of such software need to be made in accordance with applicable law.
Our software download terms and conditions template responds to three key needs, as follows.
First, the template clarifies when a contractual relationship begins. The template specifies that, among the many visitors to your website, only those purchasers who receive an email confirming your agreement to fulfill their software download order enter into a contract with you.
Next, the template specifies the purchaser's rights to and permitted uses of the software. In particular, under this template, you license the software for download, installation, backup and standard use. You restrict, among other things, the resale, modification and, at your option, commercial use of the downloaded software. You also have the option to restrict downloads by people other than the original purchaser.
Finally, the template contains cancellation provisions that allow cancellations by purchasers who are "consumers" within the meaning of UK legislation on consumer contracts. If such a purchaser informs you of his desire to cancel before you have supplied the software and within 14 days of their order, you must refund their full purchase price.
In addition to addressing the three key needs of website owners who provide downloadable software, the template contains provisions limiting liability under the contract to the extent permitted under applicable law.
The template also contains provisions that allow you to update the terms and conditions applicable to future contracts and that allow you to sign contracts over to someone else, for example if you sell your business activity or hire an outside provider to manage software sales. Where the purchaser is a "consumer", your right under this assignment clause is subject to compliance with UK legislation on consumer contracts.
The template contains a place saver for you to indicate the owner of the website and other details that are required under English and European Union law.