software licensing business property
Can I use a proprietary software in my web service?
<p>My goal is to develop a web service that is automating multiple software together. I plan to sell the whole web service as a <a href="https://en.wikipedia.org/wiki/Software_as_a_service" rel="nofollow noreferrer">SaaS</a> for a monthly fee.</p>

<hr>

<p>Problem is, one of the software programs I plan to automate is proprietary (even though it is free). It is a desktop program which was designed in order to run on a personal computer.</p>

<p>Hence, in the end-user license for this software, the following terms are written (the complete EULA can be found <a href="https://www.metaquotes.net/licenses/terminal/mt4" rel="nofollow noreferrer">here</a>):</p>

<blockquote>
  <p>No Granting of Rights to Third Parties. You shall not sell, assign,
  rent, lease, distribute, export, import, or otherwise grant rights to
  use the Product or any part thereof to a third party.</p>
</blockquote>

<p>But also this:</p>

<blockquote>
  <p>The Product may be incorporated into, and may incorporate itself, into
  software and other technology owned or controlled by third parties.
  The use of any such third party software or technology incorporated
  into the Product shall fall under the scope of this Agreement.</p>
</blockquote>

<p>I find these two statements contradictory:</p>

<p><strong>As a third party, can I integrate their software in my own solution that I plan to resell?</strong></p>

<hr>

<p>I've heard of <a href="https://en.wikipedia.org/wiki/White-label_product" rel="nofollow noreferrer">white label software</a>, I don't know if it applies for me, if there are better solutions, or if I'm simply free to go without proper relicensing.</p>

<p>If it can help, I live in France and the company that owns the other software is Russian.</p>

<p>No, you cannot do that based just on the EULA. You need to talk to the product owners and make a deal.</p>

<blockquote>
  <p>The Product may be incorporated into, and may incorporate itself, into software and other technology owned or controlled by third parties. </p>
</blockquote>

<p>Although the EULA mentions third parties, it is focused on what <em>end users</em> (the "second" parties) can do with the product. <em>They</em> can use it for free, not the third parties.</p>

<p>Third parties who incorporate the product are not granted rights by this EULA. They are supposed to have private agreements with the product owners allowing them to incorporate it.</p>
