Technology: Legal considerations when licensing software in Europe

Choice of law to govern the agreement is an essential consideration

This two-part series of articles will highlight some of the legal issues to analyze when preparing a software license agreement for use in Europe.


A U.S. licensor works with a non-U.S. distributor

In the case where supplier hires a German distributor to license software directly to customers inGermany, German law will generally apply to and govern the license agreement because both parties reside inGermany. According to Article 3(3) of the Rome I Regulation, this will generally be the case in all EU courts irrespective of the parties’ choice of law in the license agreement.

Contributing Author

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James Kunick

James M. Kunick is Chair of the Intellectual Property & Technology group at Chicago-based law firm Much Shelist. He has nearly two decades of experience...

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