Which Form of Software Distribution Agreement Do You Need?

I often get the question of which type of software distribution agreement do I need (i.e. software reseller agreement, software distribution agreement, software referral agreement or software oem agreement). While these agreements could be structured differently, here are some good general rules (i.e. 80% true). By the way, this is generally assuming the software is distributed electronically, and not in a box/package.

Q) Who is Paying the Software Vendor?

A1) End User – Yes for Referral Agreement

A2) Partner – Yes for OEM, Distribution and Reseller Agreements

Q) Who is Entering into the License Agreement with the End User?

A1) Software Vendor – Yes for Distribution, Reseller and Referral Agreements (i.e. license resale

A2) Partner – Yes for OEM Agreement (i.e. sublicensing the software)

Q) Who is Distributing the Software to the End User?

A1) Software Vendor – Yes for Distributor, Reseller and Referral Agreements

A2) Partner – Yes for OEM Agreement (some Distributors do this)

Q) Who is Providing the License Keys to the End User?

A1) Software Vendor - Yes for Distributor, Reseller and Referral Agreements

A2) Partner – Yes for OEM Agreement (some Distributors do this)

This is just a simple quick checklist when you are deciding which agreement to start from.

Disclaimer: This is provided for educational and informational purposes only, and is not legal advice. Talk to your attorney for legal advice, as they should consider the pertinent facts and applicable law before providing any advice.

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