Q You are the manager for a new software company that will m

Q

You are the manager for a new software company that will make software available for users to download from the Internet. What clauses would you want to include in the end user license agreement (EULA) or clickwrap agreement? Would any of these clauses cause potential customers to look for competing software? When explaining your answer you must pull from the clauses listed in the chapter. I am not looking for opinion in the answer. I am looking for well supported answers.

Preview File Edit View Go Tools Bookmarks Window Help : 4) 37%CT: Fri 11:58 AM a :E chapter 5 abdul.pdf (page 1 of 14) CHAPTER 5 E-Commerce and Online Contracts A contract is no less a contract simply because it is entered into via a computer. JUDGE JOHN M.STEADMAN in Forrest v. Verizon Communications, Inc., 805 A.2d 1007, 1010 (D.C. 2002) LEARNING OBJECTIVES After completing this chapter, you will be able to: 1. Explain the sources of contract law relating to e-contracts, including the Uniform Electronic Transactions Act (UETA), E-SIGN Act, and the Principles of the Law of Software Contracts. 2. Describe the basic requirements for a valid contract, including mutual assent and consideration. 3. Explain fundamental principles of contract law, including capacity, legal purpose, and the statute of frauds. 4. Compare and contrast clickwrap agreements and browsewrap agreements. 5. Explain the enforceability of e-contracts. 6. Explain and identify the common clauses contained in an end user license agreement (EULA). CHAPTER OVERVIEW The rise and growth of the Internet has also led to the increased use of e-contracts. This chapterd a computer or technology. This chapte will discuss the main sources of ontract law, including the Uniform Electronic Transactions Act (UETA E-SIGN Act, and the Principles of the Law of Software Contracts. This chapter will also discuss the requirements for forming a valid contract and the enforceability of contracts. An analysis of commo provisions in an end user license agreement (EULA) will also be given.

Solution

Answer:

End User License Agreement (EULA) is basically the agreement between developer of software and user of software defining user\'s rights for using the software. When software is downloaded from Internet, it is also referred as Click-wrap Agreement signalling the acceptance of agreement by clicking on a button or link before proceeding for downloading the software.

Normally following clauses are included in an EULA/Click-wrap agreement:

1) Parties: This clause specifies what are the parties to the agreement i.e. licensor and licensee. This clause defines who the user is and establishes the validity of the user as a licensee of the software. This clause also tells who the licensor is.

2) Terms of purchase/services provided: This clause establishes the terms governing the purchase of software. It includes warranty (if any), shipping, returns, other legal conditions or regulations as applicable on software etc.

3) Copyright: This clause specifies the ownership of licensor over the software and other concerned materials as valid copyright holders.

4) Trademark: This clause specifies about the trademarks, logos etc. of the licensor and other third parties, if any.

5) Other Laws: This section specifies the all binding laws and regulations over licensee.

6) Limitation of liability: This section specifies the disclaimations about the liability of damage, if any.

7) Privacy: This clause specifies all terms related to privacy of user information.

8) Confidentiality: This clause specifies all terms related to maintaining confidentiality of user information.

9) Termination: This clause specifies the terms of termination of agreement in case of violation or breach of any of terms of agreement by the licensee.

10) Acceptance: This clause specifies that the lecensee has gone through the agreement and agrees to it.

Clauses that can prompt the user to look for some other option can possibly be Terms of purchase, copyright, privary and confidentiality if licensee don\'t find them favourable.