Alex is Sprintlaw’s co-founder and principal lawyer. Alex previously worked at a top-tier firm as a lawyer specialising in technology and media contracts, and founded a digital agency which he sold in 2015.
If you’re building a startup, scaling a small business, or launching a new digital product, there’s a good chance you’ve Googled something like how to get a software licence at some point.
And it’s a fair question. “Software licence” can mean a few different things in the UK business world, and the right answer depends on what you’re actually trying to do:
- Are you trying to lawfully use someone else’s software (like accounting tools, design platforms, or developer tools) in your business?
- Are you trying to licence your own software to customers (for example, a SaaS product, app, plugin, or bespoke software solution)?
- Are you trying to commercialise software you paid a developer to build and want to make sure you actually own it?
The good news is: getting the legal side right doesn’t need to be overwhelming. Once you understand what a software licence is (and what it isn’t), you can set yourself up with strong legal foundations and avoid nasty surprises later.
What Does “Software Licence” Mean In The UK?
In the UK, a software licence is essentially permission.
Software is typically protected by copyright (and sometimes other IP rights). That means:
- the owner has the exclusive rights to copy, distribute and adapt it; and
- anyone else who wants to use it needs permission (usually granted under licence terms or a written agreement).
That permission is the software licence-and it usually comes in the form of a contract or licence terms (sometimes called an End User Licence Agreement or “EULA”).
One common misconception is that “getting a software licence” means applying for a government-issued licence. In most cases, that’s not what this means in the UK. You’re usually not applying to a regulator. You’re entering into a legal agreement with the software owner (or setting licence terms for your own software).
Two Common Scenarios For Small Businesses
- You’re the licensee: you want to use software owned by someone else (you need to make sure you’re authorised, compliant with the terms, and using the right type of licence).
- You’re the licensor: you own (or will own) software and want to grant others the right to use it (you need to set enforceable terms, limit risk, and protect IP).
Understanding which side you’re on is the first step in working out how to get a software licence in a way that actually protects your business.
How To Get A Software License To Use Third-Party Software (Without Breaching Terms)
If you’re a startup or SME, you’ll probably rely on multiple third-party tools (from email and CRM systems to developer platforms and analytics software). “Getting a software licence” here usually means choosing the right plan and agreeing to the right terms.
Step 1: Identify Who Needs Access (And Why)
Many licence disputes happen because businesses purchase a “cheap” licence, then use it in a way the terms don’t allow.
Ask yourself:
- Is this software for one person, or the whole team?
- Will contractors or freelancers access it?
- Will you use it across multiple locations or client sites?
- Will you embed it into your product or resell access to it (even indirectly)?
These details can affect whether you need an individual licence, a business/team licence, an enterprise licence, or a licence with special permissions.
Step 2: Check The Licence Type And Restrictions
Software licences commonly restrict things like:
- number of users (named users vs concurrent users)
- permitted use (personal, internal business use, commercial use, development use)
- geography (UK only vs worldwide use)
- copying and installation (one device vs multiple devices)
- sharing credentials (often prohibited)
- reverse engineering (often prohibited)
If you’re unsure whether your intended use is allowed, it’s worth getting advice early-especially if the software is business-critical or expensive to replace.
Step 3: Make Sure Your Business Can Actually Agree To The Terms
This sounds basic, but it matters: if your business is signing up for software, you want to be confident the agreement is enforceable and correctly entered into.
In UK law, contracts usually require clear offer/acceptance, consideration, and intention. If you’re negotiating a bigger deal (like enterprise software), it helps to understand what makes a contract legally binding so you know when you’re committed and what you can negotiate.
Step 4: Put Internal Policies In Place (So You Don’t Accidentally Breach The Licence)
Even if you “get the licence” correctly, day-to-day behaviour can create risk (for example, staff sharing passwords, exporting data, or using tools to process customer information without approvals).
For many businesses, a simple Acceptable Use Policy helps set clear boundaries around tools, access, and security.
How To Get A Software Licence For Your Own Product (So Customers Can Use It Safely And You Stay Protected)
If you’re building software and selling access to it, the question becomes: how do you set up the legal licence terms you’ll offer customers?
In practice, you usually “get” this by:
- confirming you own (or control) the IP in the software; and
- creating the legal terms that grant customers a licence to use it (with rules, limits, and protections for you).
Most UK Startups Will Use One Of These Models
- SaaS subscription: customers access your software online and pay a recurring fee (your terms typically include access rules, acceptable use, uptime disclaimers, and payment/cancellation rules).
- Perpetual licence: customer pays once to use a version of the software (often with optional maintenance/support).
- Enterprise or negotiated licence: bespoke terms, usually higher value, potentially with procurement requirements.
- White-label / reseller licence: someone else sells your software under their brand (this needs tight control around IP, branding, and liability).
For many startups, the right starting point is properly drafted SaaS terms (or a tailored software licence agreement), and then adding extra documents as you scale.
What Should Your Software Licence Terms Cover?
There’s no single perfect template, but most software licence agreements for small businesses should consider:
- Licence grant: what you’re allowing the customer to do (and not do).
- User limits: seats, accounts, concurrent users, affiliates, contractors.
- Acceptable use: prohibiting misuse, unlawful content, security breaches, scraping, or reverse engineering.
- Fees: pricing, payment terms, late payment consequences, price changes.
- Renewal and cancellation: how subscriptions renew, how customers cancel, and what happens after termination.
- Support and service levels: what you will (and won’t) provide, response times, maintenance windows.
- Data protection and privacy: who is the controller/processor, security measures, sub-processors.
- Intellectual property: you keep ownership; customers get limited rights.
- Liability: caps, excluded losses, and risk allocation.
- Warranties and disclaimers: what you promise about performance and what you don’t.
- Confidentiality: especially important for B2B software handling commercial information.
- Governing law and jurisdiction: typically England & Wales (or Scotland/Northern Ireland if relevant).
If you want a clean, recognised legal format for licensing software, a tailored Software Licence Agreement and EULA is often the right approach.
Do You Actually Own The Software? (Why IP Ownership Comes Before Licensing)
This is one of the biggest traps for founders: you might assume you “own” your product because you paid a developer to build it.
But in the UK, paying for work doesn’t automatically transfer copyright. Unless your developer is your employee and the work was created in the course of employment (and there isn’t an agreement saying otherwise), you may not own the IP by default.
So before you try to licence software to customers-or raise investment based on your product-you should confirm the IP chain is clean.
Common IP Ownership Risk Points
- You used a freelance developer and never signed an IP assignment clause.
- Multiple contractors contributed code over time, with inconsistent paperwork.
- You incorporated a company after building the MVP, but the IP stayed personally owned by a founder.
- You used third-party libraries with restrictive open-source licences (which can affect how you can commercialise).
Getting this right early can save you a lot of pain later, especially when customers want warranties about ownership, or when an investor does due diligence.
Where IP needs to be transferred into the business, an IP Assignment is often the document that formalises that ownership change.
What Other Legal Documents Might You Need Alongside A Software Licence?
A software licence (or SaaS terms) is a core part of the legal setup-but it’s rarely the only document you’ll need, especially if your software deals with customer data or you’re operating a B2B service.
Here are some common add-ons for UK startups and small businesses.
Privacy And Data Protection Documents
If your software collects or processes personal data (for example, names, emails, IP addresses, usage analytics, or customer contact lists), you’ll need to think about UK GDPR and the Data Protection Act 2018.
In plain terms, that means being clear about:
- what data you collect
- why you collect it
- how long you keep it
- who you share it with
- how users can exercise their rights
In many cases, you’ll need a Privacy Policy on your website and inside your product experience.
If you process personal data on behalf of business customers (which is common for SaaS tools), you may also need a Data Processing Agreement to set out the controller/processor relationship and security obligations.
Website And Platform Terms
Even if your primary contract sits inside your SaaS terms, your website still needs to reflect the rules of using your online platform-particularly if users can create accounts or access content.
Depending on how you operate, you might also use Website Terms and Conditions to cover acceptable use of the site, IP notices, and limitations of liability around general site content.
Employment And Contractor Paperwork (So Your Team Doesn’t Create Risk)
If you’re hiring staff or contractors to build and maintain your product, you’ll also want to make sure your internal documents line up with your licensing strategy.
For employees, a clear Employment Contract helps clarify confidentiality, ownership of work product, and expectations around security and tools.
It’s not just a “HR” thing-good internal contracts can protect your IP and reduce the risk of disputes about who owns what.
Key Takeaways
- A software licence in the UK is usually permission granted by the software owner-not a government-issued licence.
- If you’re working out how to get a software licence to use third-party tools, you should confirm the licence type, user limits, permitted use, and put internal processes in place to avoid accidental breaches.
- If you’re licensing your own software, your priority is to (1) confirm you own the IP and (2) put clear, enforceable licence terms in place (often as SaaS terms or an EULA).
- Before you licence software to customers, double-check IP ownership-paying a developer doesn’t automatically mean your business owns the copyright.
- Most software businesses also need supporting documents like a Privacy Policy and (often) a Data Processing Agreement to manage UK GDPR obligations.
- It’s worth getting legal documents tailored to your business model, because generic templates often miss key risk areas like liability, data protection, and IP ownership.
Note: This article is general information only and isn’t legal advice. If you’d like advice for your specific situation, you can reach us at 08081347754 or team@sprintlaw.co.uk for a free, no-obligations chat.


