Law applicable to software license agreements with a foreign element

In the light of the developments in the technological field, it is seen that the applicable law clause is not included in many types and standard versions of software license agreements, especially open source software license agreements used in practice. In case of possible disputes, failure to reach an agreement between the parties regarding the applicable law will necessitate the determination of the applicable law in accordance with the rules of private international law. In this study, in cases where the parties do not determine the law in the software license agreements with a foreign element, an examination has been made regarding the determination of the law to be applied in accordance with the Law No. 5718 on International Private Law and Procedural Law.