UCC and Software
A new law will probably be introduced into state legislatures which will govern all contracts for the development, sale, licensing, and support of computer software. This law, which has been in development for about ten years, will be an amendment to the Uniform Commercial Code. The amendment is called Article 2B (Law of Licensing) and is loosely based on UCC Article 2 (Law of Sales), which governs sales of goods in all 50 states. A joint committee of the National Conference of Commissioners on Uniform State Laws (NCCUSL) and the American Law Institute is drafting the changes to the UCC. The UCC was drafted in the 1950's and currently governs the sales of goods but not products like software, which are licensed, not sold. Basically, when you purchase software, you are purchasing the information and rights to use the software. Article 2B creates standards for licensing these information products, including rules for interpreting warranties, legal remedies, liability and risk. This project began to give consideration to instituting a separate article of the UCC for software and related contracts. Article 2B is designed to bring uniformity across states and across the goods vs. services issue. It is intended to make software co
Express warranties cannot be disclaimed. An express warranty is any statement of fact by the seller to the buyer about the product that becomes part of the basis of the bargain. This phrase generally means that if a reasonable customer would interpret the seller's statements as factual descriptions of the product that the customer has bought, and would be even slightly influenced by the statements in deciding whether to buy or keep the product, then they are considered basis of the bargain statements. 3. The customer will not publish reviews of the product without prior written consent from Network Associates.
Some common words found in the essay are:
Service Rep, UCC UCC, License Agreement, Network Associates, Mass-Market License, Act Products, Improvement Act, Critics Article, Read Installing, article 2b, , software publishers, software companies, uniform commercial code, consequential damages, installing software, uniform commercial, commercial code, license agreement, incidental consequential, material breach, incidental consequential damages, product software companies, defects released software, read installing software,
Approximate Word count = 2872
Approximate Pages = 11 (250 words per page double spaced)
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