Issue #6: Contract Hints & Legal Issues: June 2022
Please review the below sample lesson from our course, "Secrets to Learning Software Agreements Fast!", and answer these questions.
FOR BEST VIEWING "LEFT CLICK" ON MOUSE. If you use slide arrows at bottom of slide show, steps will be missed.
1. Do you know the three branches of the U.S. Government? (1) Ex_______, (2) Ju_______, and (3) Leg_______.
2. Do you know the words or phrases missing [ ] in the below provision? In the below sample presentation, the first word, [SUB_______] , is taught.
“PLEASE REVIEW THE FOLLOWING TERMS AND CONDITIONS CAREFULLY BEFORE INSTALLING OR USING THE SOFTWARE PROVIDED TO YOU ON DVD, VIA A WEB-SITE, OR ON ANOTHER MEDIUM OR THROUGH ANOTHER DELIVERY MECHANISM. BY INSTALLING OR USING THIS SOFTWARE OR PAYING A SUBSCRIPTION FEE, YOU INDICATE YOUR ACCEPTANCE OF SUCH TERMS AND CONDITIONS, WHICH CONSTITUTES THE LICENSE AGREEMENT (“AGREEMENT") BETWEEN YOU AND INTEL CORPORATION OR THE INTEL CORPORATION [SUB_______] FROM WHICH YOU HAVE ACQUIRED THIS LICENSE [COL_______] INTEL). HOWEVER, THIS SOFTWARE MAY CONTAIN [PAR_______] COMPONENTS, FILES OR PORTIONS WHICH ARE SUBJECT TO SEPARATE LICENSE AGREEMENTS WITH DIFFERENT TERMS AND CONDITIONS. IN EACH SUCH CASE, THE APPLICABLE TERMS AND CONDITIONS ARE SET FORTH IN A FILE (CALLED [LI_______.TXT] IN A SEPARATELY MARKED SECTION, WHERE TERMS AND CONDITIONS SET FORTH [EX________ GOVERN] THE NAMED COMPONENTS. IN THE EVENT THAT YOU DO NOT AGREE WITH ANY OF THESE TERMS AND CONDITIONS, DO NOT DOWNLOAD, COPY, INSTALL OR USE THIS SOFTWARE; IF YOU HAVE RECEIVED A COPY ON DVD OR ANOTHER [ME_______], PLEASE PROMPTLY RETURN THE SOFTWARE UNUSED TO INTEL”
4. Is this provision from a SaaS or SLA? Correct, Software Licensing Agreement (SLA).
5. Who drafted this provision? Licensor or Licensee = Correct, Licensor.