In the case of a SaaS transaction, the customer does not obtain ownership of the software, so a copyright infringement is not a problem. However, the client can expect patent infringement claims, so appropriate compensation is required for this purpose. This means that a ECJ agreement is less appropriate, as the end result of using the AEA agreements is to grant the customer a copy of your software for use. In SaaS, the software stays on the vendor`s hardware at all times and is viewed on the Internet, so that updates or interviews are already included in the Service by definition and do not require any special attention in the agreement. However, since the availability of the software in a SaaS model depends heavily on the infrastructure and availability of the vendor`s network, a SaaS agreement is generally attached to a Service Level Contract (SLA). The objective of ALS is to define the level of performance that the supplier is prepared to provide. Among the most common ALSs are the requirement for the service provider to have minimum availability to ensure the availability of the software, as well as other obligations regarding service availability, error correction times and response times. -Underlicensing, leasing, publishing, transfer, otherwise allows access to the software for anyone who is not authorized to use it As a general rule, this type of license does not apply to SaaS agreements, because the customer does not install or download the software, but connects remotely to the vendor`s servers to use the software, usually online. The authorized vendor or provider hosts the software on their servers or in the cloud. What`s different about the as-a-service software model? In the SaaS model, the software company generally does not provide a tangible software product to its users and the product itself is only available “in the cloud” as a hosted platform. As in the license model, there may be one or more users of the platform.
But the platform itself is only accessible on the cloud. Therefore, the quality of the various services offered is essential, as the ability to access and use the hosted platform depends entirely on the quality of the experience provided. The SaaS model will not provide a separate maintenance service, as all this is expected in the package of services for hosted platforms with hosting and technical support assistance.
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