Index Acceptance gold card agreement from by Gupta

V4_INDEX

Index
ACCEPTANCE
gold card
agreement of, (form), 573
offer and, 25
shrinkwrap licence issues, 26
on-line, 104
timing and place of, 107
ACQUISITION
software, of, 127
decision for, 127
ADAGENT LICENCE AGREEMENT
form of, 364
ADHESION CONTRACT(S)
concept of, 30
ADMINISTRATIVE AND CUSTOMER SUPPORT SERVICES AGREEMENT
form of, 669
ADMINISTRATIVE SERVICE(S)
technology sharing agreement, and, (form), 602
ADVERTISEMENT
agreement for, displaying banners and similar devices and sponsorship for
display on pages, screens and other segments or spaces on websites, (form),
618
ADVERTISING AGREEMENT, 79
ADVERTISING SALES REPRESENTATION AGREEMENT
web, (form), 349, 791
AGREEMENT(S)—see also CONTRACT(S)
adagent licence, (form), 364
administrative services and technology sharing, (form), 602
advertisement, for, 79
displaying banners and similar devices and sponsorship for display on pages,
screens and other segments or spaces on websites, (form), 618
affinity marketing, 81
anchor tenant, 93
application, development and support, (form), 1160
application software maintenance, (form), 1104
12291230 CONVEYANCING, DRAFTING & DEEDS
AGREEMENT(S)—Contd.
asset purchase, 75
building and maintenance of website, for, (form), 193
(another form), 736
business-to-business licence, 131
CD-ROM licensing, (form), 1192
celebrity endorsement, 82
‘click-through’, 105
enforceability of, 105
salient points to be considered in, 105
co-branded marketing, 80
computer manufacturing and supply , (form), 1084
copyright development and transfer, (form), 1107
credit
what is, 75
custom software licence, (form), 980
seller, (form), 994
data centre services, (form), 719
developing new technology, for, (form), 952
disclaimer for interactive services, (form), 704
e-consultancy, (form), 592
electronic licence, for use of software products, (form), 1072
electronic publication, (form), 1008
electronic publishing, 134
negotiating, 134
overview, 134
end-user licence agreement for SAP software, (form), 921
end-user software licence, (form), 864
exclusive sponsorship, 87
featured service provider, 84
financing and development, 73
font user licence, (form), 1078
gold card acceptance, (form), 573
hyperlink
salient features of, 94
bandwidths and response time, 95
fees and revenues, 95
interactive service, 77
internet, 65
classification of forms, 67
introduction, 66
principles of drafting, 66
internet access and web hosting, (form), 842
internet access service, (form), 199, 202
internet health services and community partner programme, (form), 518
internet merchant, (form), 551
internet programme launching, (form), 527
internet provider service, 76INDEX 1231
AGREEMENT(S)—Contd.
internet service, (form), 458, 461
terms and conditions, (form), 433
internet system access, (form), 186
internet terms and conditions of, (form), 399
interterritorial data protection, on, (form), 674
joint product development, 85
joint venture, 86
letter of
disclosure of confidential information, in relation of, (form), 1210
licensing, for 42 sales compaigns, (form), 1020
loan, 74
manufacturing and supply of magnetic tape and database sample, for, (form),
617
marketing, 91
massmedia licence, terms and conditions for, (form), 419
master outsourcing
maintenance services, (form), 271
master services, 78
form of, 145, 157, 169
multimedia development and distribution, (form), 1022
mutual confidentiality , (form), 1112
mutual non-disclosure, (form), 1114
netjet master
outsourcing call centre support, for, (form), 780
network access, (form), 658
amendment to, 668
network services, (form), 178
network travel services, (form), 630
non-disclosure, (form), 1116
mutual, (form), 1114
protection of trade secrets and, 129
non-exclusive copyright licence, (form), 397
non-exclusive copyright licence to display, (form), 1211
non-exclusive software licence, (form), 855
non-transferable and, (form), 859
on-line worldship software licence, (form), 1117
parlour, (form), 1075
partnership, 83
provision of webnet service, for, (form), 833
purchase, for, of data processing machine, (form), 1097
safe surfing
about using internet, (form), 628
service
internet based, (form), 439
shrinkwrap
on-line transaction and, 27
site licence
terms and conditions of, (form), 3981232 CONVEYANCING, DRAFTING & DEEDS
AGREEMENT(S)—Contd.
site owner
software licence terms, and, (form), 1030
skylark system access, (form), 771
software development, 69
software development, (form), 1042
service, and, (form), 1047
software development application support and, (form), 1126
software distribution, (form), 1059
real estate software, (form), 1068
software licence, 88
developing, manufacturing and marketing computing products, (form), 868
form of, 686
general, (form), 911
restrictive covenants, with, (form), 866
technical support, and, (form), 940
unitech technologies, (form), 903
zenith, (form), 894
software maintenance, (form), 1071
software support services, (form), 478
sponsorship, 81
standard service
direct internet searching, for, (form), 765
standard software licence, (form), 1082
student lab service level, (form), 707
subscription, 73
suppor t services for operating system software and hardware, for,
(form), 1040
(alternative form), 1073
technical deals resale, (form), 1175
technical support service, (form), 1077
technology licence, 88
tenant
anchor, 93
trial of DP technician, (form), 1102
trial of PDS monitor, for, (form), 1103
transaction processing network service, for, (form), 682
(another form), 933
use of software package on given computer, for, (form), 984
user, for net services, (form), 766
video editing software development kit licence, (form), 1190
web advertising sales representation, (form), 349
(another form), 791
web advertising services, (form), 355
web publishing copyright development and transfer, (form), 393
web services promotion and distribution alliance, (form), 377
website, 71
form of, 828INDEX 1233
AGREEMENT(S)—Contd.
website development, 70
checklist of issues, 97
negotiating tips
client, 99
developer, 100
website hosting, 71
website promotion, (form), 300
website promotional sponsorship, (form), 421
website service, (form), 266
website terms and conditions of use, (form), 310
website travel reservation service, (form), 319
website usage, (form), 307
web-wrap, 105
enforceability of, 105
salient points to be considered, 105
wild life clip art licence, (form), 1029
ANCHOR TENANT AGREEMENT, 93
ARBITRATION
usually preferable to litigation, 140
ARBITRATION CLAUSE
jurisdiction, and, 131
ASSET PURCHASE AGREEMENT, 75
ASSIGNMENT
copyright, of, 51
software, in, 129
valid, when, 51
technology
agreement of, (form), 1183
AUDIO
video and
service agreement, content on internet, (form), 533
delivery, of, (form), 542
AUDIT(S)
accounting and, 137
BANNER(S)
agreement for advertisement displaying, and similar devices and sponsorship
for display on pages, screens and other segments for spaces on website,
(form), 618
BARGAIN FINDER, 16
BINDING OBLIGATION(S)
creating, 54
G : CDD (Vol. 4) – 781234 CONVEYANCING, DRAFTING & DEEDS
BUILDING AND MAINTENANCE OF WEBSITE
agreement for, (form), 193
(another form), 736
BUSINESS
e-commerce, 11
traditional
e-commerce and, difference between, 13
BUSINESS INTERNET ASSOCIATE(S)
terms and conditions of, (form), 751
BUSINESS-TO-BUSINESS LICENCE AGREEMENTS, 131
CD-ROM LICENSING AGREEMENT
form of, 1192
CELEBRITY ENDORSEMENT AGREEMENT, 82
CHECKLIST
software publishing agreement, 140
‘CLICK-THROUGH’ AGREEMENT
enforceability of, 105
salient points to be considered in, 105
‘CLICK WRAP’ LICENCE
‘shrink wrap’ and, 4
CO-BRANDED MARKETING AGREEMENT, 80
CO-LOCATION AND FACILITIES MANAGEMENT SERVICE(S)
agreement of, (form), 742
COMMERCIAL LAW
adapting, to e-commerce, 9
COMMERCENET
consortium, 41
description of, 40
COMMUNITY PARTNER PROGRAMME
internet health services and, agreement for, (form), 518
COMPANY
hiring—see HIRING COMPANY
COMPENSATION
whether typically in form of royalty, 135
COMPETITIVE MARKET, 16INDEX 1235
COMPUTER(S)
end-user software licence agreement for one, (form), 990
hitech
software licence agreement, (form), 862
licence agreement for use of software package on given, (form), 984
licence for use of software and documentation on individual, (form), 914
manufacturing and supply agreement, (form), 1084
personal
non-transferable licence agreement for using software on, (form), 1186
restricted use on designated
software agreement for, (form), 892
software licence agreement for use on, on pre-paid basis, (form), 930
use of, (school permission form), 709
COMPUTING PRODUCT(S)
software licence agreement for developing, manufacturing and marketing of, 868
CONFIDENTIAL INFORMATION
disclosure of
letter of agreement in relation to, (form), 1210
e-commerce and electronic disclosure of, 60
compliance tips, 61
conclusion, 64
prominence, 63
proximity and placement, 62
CONSULTANCY SERVICE(S)
terms and conditions to accompany quotation for supply to software, hardware
and, (form), 1012
CONSUMER INFORMATION, 16
CONSUMER PROTECTION
Internet law, under, 11
CONSUMER TRANSACTION(S)
governed by Song-Beverly Consumer Warranty Act, 30
internet business transactions, whether, 28
CONTENT PROVIDER AGREEMENT, 93
CONTRACT(S)—see also AGREEMENT(S)
adhesion
concept of, 30
business-to-business, 23
electronic, 103
engineering service, (form), 586
on-line, 17
electronic commerce and internet, 22
guideline for, 32
not involving sale of goods, 42
sale of goods, for, governed by Uniform Commercial Code, 231236 CONVEYANCING, DRAFTING & DEEDS
CONTRACT(S)—Contd.
software, for
whether one of sale, 133
service, 133
web space rental, (form), 313
website design, (form), 251
‘CONTRACT PRICE’ CLAUSE, 131
CONTRACTUAL PROVISION(S)
entire agreement, 33
governing law, 35
on-line service and information provider, 34
software licensing, 34
tax liability, 39
warranty and liability disclaimers, 35
CONVENTIONAL DELIVERY
on-line sale of goods with, 43
COPYRIGHT
assignment of
software, in, 129
valid, when, 51
assigned, when, 51
development and transfer agreement, (form), 1107
infringement of
avoiding, 46
issues in cyberspace context, 3
software, 3
licences, 51
exclusive, if can be, 51
ownership of
transferred in whole or in part, may be, 51
web publishing
development and transfer agreement, (form), 393
COPYRIGHT LAW
applicability of
internet, to, 44
‘first sale’ doctrine and, 4
internet—liability under, 2
ownership of copy of protected work and ownership of intangible copyright right,
distinguished from, 51
COPYRIGHT LICENCE
non-exclusive to display, (form), 1211INDEX 1237
COPYRIGHT OWNER
distribution right of, 45
modification right of, 45
public display right of, 45
public performance right of, 45
reproduction right of, 45
COPYRIGHT OWNERSHIP, 49
may be transferred in whole or in part, 51
COVENANT(S)
restrictive
software licence agreement with, (form), 866
CREDIT AGREEMENT
whether variation of loan agreement, 75
CUSTOM SOFTWARE LICENCE AGREEMENT
form of, 980
CUSTOM SOFTWARE SELLER AGREEMENT
form of, 994
CUSTOMER SERVICE(S)
website, 103
CYBERSPACE
copyright issues in context of, 3
DATA CENTRE SERVICE AGREEMENT
form of, 719
DATA DICTIONARY, 123
DATA PROCESSING MACHINE(S)
purchase of, agreement for, (form), 1097
DATA PROTECTION
interterritorial
agreement on, (form), 674
DELIVERY
conventional—see CONVENTIONAL DELIVERY
electronic—see ELECTRONIC DELIVERY
DEVELOPMENT
copyright, of
transfer, and, agreement of, (form), 1107
e-commerce, of, 18
new technology , of
software licence agreement for, (form), 952
proposal for licence of trial software, (letter form), 10041238 CONVEYANCING, DRAFTING & DEEDS
DEVELOPMENT—Contd.
software, of
agreement for, 69
terms for, (form), 1036
website, 68
agreement, 70
DIGITAL IMAGE GALLERY
licence agreement for personal use of, and DC power web tools and animations,
(form), 826
DIRECT INTERNET SEARCHING
service agreement for, terms and conditions of, (form), 412
standard service agreement for, (form), 765
DISCLAIMER(S)
interactive services, for
terms and conditions for, (form), 704
UCC warranties and, 27
warranty and liability, 35
DISCLOSURE OF CONFIDENTIAL INFORMATION
letter of agreement in relation to, (form), 1210
DISTRIBUTION RIGHT
copyright owner, of
what is, 45
DOMAIN NAME(S)
registration of, 68
terms and conditions for, (form), 413
trademarks and, 6
DP TECHNICIAN
trial of
agreement for, (form), 1102
DRAFTING
meaning of, 1
skill in, 1
E-COMMERCE
adapting commercial law to, 9
anchor tenant agreement, 93
business, 11
business service infrastructure, 20
business to business transactions, 20
content provider agreement, 93
development of, 18
effect of, 18INDEX 1239
E-COMMERCE—Contd.
electronic disclosure of confidential information, 60
compliance tips, 61
conclusion, 64
prominence, 63
proximity and placement, 62
factors, 17
framework, 17
global network, 23
internet and, 22
on-line contract issues, 22
law of, 9
overview of, 9
marketing agreement, 91
network infrastructure, 9
on-line commerce web-mail agreement, 90
on-line contracts, 19
on-line payment, 20
opportunity, 17
perspective view of, 12
remedies, 21
security and encription, 19
traditional business and, difference between, 13
transactions, 20
effect of, 20
website development and service agreement, 92
E-COMMERCE LESSONS
regulating, from India, 57
background, 57
E-CONSULTANCY AGREEMENT
form of, 592
ELECTRONIC DELIVERY
on-line sale of goods with, 43
ELECTRONIC LICENCE AGREEMENT
use of software products, for, (form), 1006
ELECTRONIC MAIL
use of, (school permission form), 709
ELECTRONIC PUBLICATION AGREEMENT
form of, 1008
ELECTRONIC PUBLISHING AGREEMENT
negotiating, 134
arbitration, 140
audits and accounting, 137
bundling deals, 1371240 CONVEYANCING, DRAFTING & DEEDS
ELECTRONIC PUBLISHING AGREEMENT—Contd.
negotiating – contd.
compensation for, 135
confidentiality, 140
conflict of interest, 134
delivery requirements, 138
grant of rights, 134
interest and security, 138
overview, 134
reserved rights, 135
software publishing agreement checklist, 140
technical support of end-users, 139
termination, 140
trademarks, 139
upgrades, 139
warranties and indemnification, 138
ELECTRONIC RECORD(S)
creating, 53
EMPLOYEE
software developed by, entitles protection of trade secrets of employer, 128
EMPLOYER
trade secrets of
software developed by employee entitles protection of, 128
ENCRYPTION
security and, 19
ENDORSEMENT AGREEMENT
celebrity , 82
END-USER SOFTWARE LICENCE AGREEMENT
form of, 864
SAP software, for, (form), 921
ENGINEERING SERVICE CONTRACT
system design and construction inspection, (form), 586
EXCLUSIVE SPONSORSHIP AGREEMENT, 87
EXPORT CONTROL(S)
file encryption, 38
geographic domains, 39
no cost software, 38
standard of care, 38
EXTERNAL INTERFACE REQUIREMENT(S), 116
FEATURED SERVICE PROVIDER AGREEMENT, 84
FINANCING AND DEVELOPMENT AGREEMENT
what is, 73INDEX 1241
‘FIRST SALE’
doctrine
Copyright law, and, 4
what is, 4
FONT USER LICENCE AGREEMENT
form of, 1078
FRAUD(S)
statute of, 24
exceptions to, 25
GAMBLING GAME
internet, on, (form), 756
GATEWAY SERVICE AGREEMENT
internet, (form), 503
GLOBAL NETWORK
e-commerce on, 23
GOLD CARD ACCEPTANCE AGREEMENT
form of, 573
HARDWARE
interfaces, 117
software and
agreement for support services for operating system, (form), 1040
(alternative form),
1073
supply of
terms and conditions to accompany quotation for supply of, (form), 1012
HEALTH SERVICE(S)
internet
community partner programme, and, agreement for, (form), 518
HIRE
works for, 3
HIRED PROGRAMMER
copyrightable software and, 128
HIRING COMPANY
licensee, as, 129
effect of, 129
HITECH COMPUTER
software licence agreement of, (form), 862
HYPERLINK AGREEMENT
salient features of, 94
bandwidths and response time, 95
fees and revenues, 951242 CONVEYANCING, DRAFTING & DEEDS
HYPERLINK FEE(S)
revenues, and, 95
INDEMNIFICATION CLAUSE, 130
INFORMATION
confidential, 5
letter of agreement in relation to disclosure of, (form), 1210
consumer, 16
e-commerce and electronic disclosure of, 60
compliance tips, 61
conclusion, 64
prominence, 63
proximity and placement, 62
INFORMATION TECHNOLOGY
law on, 53
conclusion, 57
creating binding obligations, 54
creating electronic records, 53
punishment and enforcement regime, 54
INFRASTRUCTURE
network, 19
INTERACTIVE SERVICE(S)
agreement, 77
disclaimer for, (form), 704
INTEREST
conflict of, 134
INTERNET
agreement—see INTERNET AGREEMENT
avoiding infringement, 46
‘click wrap’ licence, 4
copyright issues in software/cyberspace context, 3
copyright law applies to, 44
e-commerce, 90
anchor tenant agreement, 93
content provider agreement, 93
marketing agreement, 91
on-line commerce web-mail agreement, 90
on-line contract issues, 22
website development and service agreement, 92
‘first sale’ doctrine and Copyright law, 4
gambling game on, (form), 756
hyperlink agreement, 94
salient features of, 94
fees and revenues, 95
legal issues of, 2INDEX 1243
INTERNET—Contd.
liability under Copyright law, 2
Patent law, 2
Trademark law, 2
patent law liability, 4
privacy policy by service provider, (form), 529
provider service agreement, 76
regulation of
through international treaties, 2
safe surfing agreement about using, (form), 628
service(s)
overview of, 22
service agreement, based, (form), 439
‘shrink wrap’ licence, 4
trade secrets, 5
confidential information, 5
relationship of confidence, 5
trademark, 6
domain names, and, 6
use of, 6
use of, (school permission form), 709
website development agreement, 96
introduction of, 96
‘works for hire’, 3
INTERNET ACCESS
interactive service agreement, 77
internet provider service agreement, 76
master service agreement, 78
INTERNET ACCESS AGREEMENT
web hosting, and, (form), 842
INTERNET ACCESS SERVICES AGREEMENT
amendment to, 240, 246
form of, 199, 202
INTERNET AGREEMENT(S), 65
adagent licence, (form), 364
administrative and customer support service, (form), 669
advertising and promotion, 78
affinity marketing agreement, 81
celebrity endorsement agreement, 82
co-branded marketing agreement, 80
sponsorship agreement, 81
audio and video content service agreement, (form), 533
building and maintenance of website, for, (form), 193
business internet associates
terms and conditions of, (form), 751
classification of forms, 671244 CONVEYANCING, DRAFTING & DEEDS
INTERNET AGREEMENT(S)—Contd.
co-location and facilities management service, (form), 742
data centre service, (form), 719
development and protecting content, 67
disclaimer for interactive services, (form), 704
e-consultancy, (form), 592
exclusive sponsorship, 87
featured service provider, 84
financial considerations, 72
asset purchase agreement, 75
credit agreement, 75
loan agreement, 74
financing and development agreement, 73
subscription agreements, 73
gateway service, (form), 503
gold card acceptance agreement, (form), 573
health services and community partner, (form), 518
internet access, 76
interactive service agreement, 77
internet provider service agreement, 77
master service agreement, 78
interterritorial data protection, (form), 674
introduction of, 66
joint product development agreement, 85
joint venture agreement, 86
massmedia licence, terms and conditions of, (form), 419
master outsourcing, (form), 271
master serices, (form), 145
(alternative form), 169
(another form), 157, 469
memorandum of understanding
netservice provider and web publisher, between, (form), 371
web publications, (form), 366
merchant, 551
multimedia website terms and conditions of use, (form), 716
network services, (form), 178
(another form), 493
network travel services, (form), 630
non-exclusive copyright licence, (form), 397
partnership agreement, 83
permission to link, (form), 715
principles of drafting, 66
programme launching, (form), 527
registration of domain names, terms and conditions of, (form), 413
service, terms of
site policies and terms of use, (form), 402
site licence
terms and conditions, (form), 398INDEX 1245
INTERNET AGREEMENT(S)—Contd.
software licence agreement, 88
standard service agreement for direct internet searching—terms and condition,
(form), 412
student lab service level, (form), 707
system access, (form), 186
technology licence agreement, 88
use of computer, internet and electronic mail, (school permission form), 709
user agreement and parental consent for university internet services, (form), 714
video and audio content service agreement, (form), 533
delivery, of, (form), 542
web advertising sales representation, (form), 349
web advertising services, (form), 355
web publishing copyright development and transfer agreement, (form), 393
web space rental contract, (form), 313
website design, (form), 251
maintenance, and, (form), 256, 266
website development
domain name registration, 68
software development agreement, 69
website development agreement, 70
website hosting agreement, 71
website linking agreement, 71
website hosting terms and conditions, (form), 297
website promotion, (form), 300
website promotional sponsorship, (form), 421
website service, (form), 266
website terms and conditions of use, (form), 310
website travel reservation service, (form), 797
(alternative form), 319
website usage, (form), 307
INTERNET BASED SERVICE AGREEMENT
form of, 439
INTERNET BUSINESS CLUB
terms and conditions for, (form), 725
INTERNET GATEWAY SERVICE AGREEMENT
form of, 503
INTERNET HEALTH SERVICE(S)
community partners programmes, and, agreement for, (form), 518
INTERNET LAW
adapting commercial law to e-commerce, 9
consumer protection, 11
e-commerce, 17
business, 11
business service infrastructure, 20
business to business transactions, 201246 CONVEYANCING, DRAFTING & DEEDS
INTERNET LAW—Contd.
e-commerce – contd.
developments, 18
effect of, 18
factors, 17
framework, 17
growth, 17
network infrastructure, 19
on-line contracts, 17
on-line payment, 20
opportunity, 17
perspective view, 12
remedies, 21
revolution, 18
risks, 17
security and encription, 19
transactions, 20
effect of, 20
e-commerce and traditional business, difference between, 13
bargain finder, 16
competitive market, 16
consumer information, 16
excludibility, 13
negative result, 16
on-line market, 15
rivalry, 14
transparency, 15
guidelines for on-line contract formation, 32
important contractual provision, 33
conclusion, 39
entire agreement, 33
governing law, 35
on-line service and information provider, 34
software licensing, 34
tax liability, 39
warranty and liability disclaimers, 35
law of electronic commerce—overview, 9
legal scenario, 7
overview of
some additional issues, 44
INTERNET MERCHANT AGREEMENT
form of, 551
INTERNET PRIVACY POLICY
service provider, by, (form), 529
INTERNET PROGRAMME LAUNCHING AGREEMENT
form of, 527INDEX 1247
INTERNET PROVIDER SERVICE AGREEMENT, 76
INTERNET SERVICE(S)
overview of, 22
terms and conditions for, (form), 759
INTERNET SERVICE AGREEMENT
form of, 458, 461
terms and conditions for, (form), 433
INTERNET SYSTEM ACCESS AGREEMENT
form of, 186
INTERNET USE AGREEMENT
terms and conditions of, (form), 399
INTERNET USER AGREEMENT
students and teachers, for, (form), 711
INTERTERRITORIAL DATA PROTECTION
agreement on, (form), 674
JOINT PRODUCT DEVELOPMENT AGREEMENT, 85
JOINT VENTURE
agreement, 86
partnership
licensing and, 83
LAB SERVICE LEVEL AGREEMENT
student
form of, 707
LETTER OF AGREEMENT
disclosure of confidential information, in relation to, (form), 1210
LIABILITY(IES)
Copyright law, under, regarding internet, 2
Patent law, under, regarding internet, 2
Trademark law, under, regarding internet, 2
limitation of, 37
examples of, 37
LIBRARY
university—see UNIVERSITY LIBRARY
LICENCE(S)
adagent
agreement, (form), 364
‘click wrap’, 4
copyright, 51
exclusive, if can be, 51
getting the, 521248 CONVEYANCING, DRAFTING & DEEDS
LICENCE(S)—Contd.
massmedia
terms and conditions for, (form), 419
non-exclusive copyright, (form), 397
on-line
uses of works, for, 43
‘shrink wrap’, 4
issues, 26
software
form of, 132
terms and conditions of internet use agreement including, (form), 399
use of software and documentation on individual computer, for, (form), 914
when did not need, to use copyright work, 48
ideas or facts, 49
fair use, 48
public domain, 49
LICENCE AGREEMENT(S)
business-to-business licence, 131
CD-ROM, (form), 1192
custom software, (form), 980
electronic
use of software products, for, 1006
end-user, (form), 986
for one computer, (form), 990
SAP software, for, (form), 921
font user, (form), 1009
for 42 sales campaigns, (form), 1020
multimedia development and distribution, (form), 1022
non-exclusive software, (form), 855
non-transferable and, (form), 859
non-transferable
using software on personal computer, for, (form), 1186
personal use of digital image gallery and DC power web tools and animations,
(form), 826
software, 88
form of, 686
for use by individual, (form), 928
on computer on pre-paid basis, (form), 930
limited warranty, and, (form), 926
restricted uses, with, (form), 923
zenith, (form), 894
standard software, (form), 1082
technology, 88
use of software package on given computer, for, (form), 984
video editing software development kit, (form), 1190
wild life clip art, (form), 1029
LICENCE OF TRIAL SOFTWARE DEVELOPMENT
proposal for, (letter form), 1004INDEX 1249
LICENSEE
hiring company as, 129
effect of, 129
LIMITATION
liability, of, 37
examples of, 37
‘LIMITATION OF LIABILITY’ CLAUSE, 130
LIMITED WARRANTY
software licence agreement and, (form), 926
LOAN AGREEMENT
what is, 74
MACHINE(S)
data processing
agreement for purchase of, (form), 1097
MAGNETIC TAPE
agreement for manufacturing and supply of, and database samples, (form), 617
MAGNUSON-MOSS WARRANTY ACT
focuses on clear disclosure both as to warranties and service contracts, 28
MAINTENANCE
services
master outsouring agreement, (form), 271
website, of
agreement for building and, (form), 193
MAINTENANCE AGREEMENT
software, (form), 1071
MANUFACTURE
computer, of
supply, and, agreement of, (form), 1084
MARKETING AGREEMENT
affinity, 81
co-branded, 80
MASSMEDIA LICENCE
terms and conditions for, (form), 419
MASTER OUTSOURCING AGREEMENT
maintenance services, (form), 271
MASTER SERVICES AGREEMENT, 78
form of, 145, 157, 169, 469
MASTER SOFTWARE LICENCE, 1212
G : CDD (Vol. 4) – 791250 CONVEYANCING, DRAFTING & DEEDS
MEMORANDUM OF UNDERSTANDING
netservice provider and publisher, between, (form), 371
web publications, (form), 366
MERCHANT
internet agreement, (form), 551
MODIFICATION RIGHT
copyright owner, of
what is, 45
MULTIMEDIA
development and distribution agreement, (form), 1022
website
terms and conditions of use, (form), 716
MUTUAL CONFIDENTIALITY AGREEMENT
form of, 112
MUTUAL NON-DISCLOSURE AGREEMENT
form of, 1114
NAVIGATIONAL SERVICE AGREEMENT
on-line, (form), 696
NET SERVICE(S)
user agreement for, (form), 766
NET SERVICE PROVIDER
web publisher and, memorandum of understanding between, (form), 371
NETJET MASTER AGREEMENT
outsourcing call centre support, for, (form), 780
NETWORK
gobal—see GLOBAL NETWORK
infrastructure, 19
internet
service agreement, (form), 178, 493
travel service agreement, (form), 630
NETWORK ACCESS AGREEMENT
form of, 658
amendment to, 668
NETWORK SERVICE(S)
agreement for transaction processing, (form), 933
NETWORK SERVICE AGREEMENT
form of, 689
transaction processing, (form), 682
(another form), 933INDEX 1251
NETWORK TRAVEL SERVICE AGREEMENT
form of, 630
NEW TECHNOLOGY
software licence agreement for developing, (form), 952
NON-DISCLOSURE AGREEMENT
form of, 1116
NON-EXCLUSIVE COPYRIGHT LICENCE
form of, 397
NON-EXCLUSIVE COPYRIGHT LICENCE TO DISPLAY
form of, 1211
NON-EXCLUSIVE SOFTWARE LICENCE AGREEMENT
form of, 855
non-transferable and, (form), 859
NON-TRANSFERABLE LICENCE AGREEMENT
using software on personal computer, for, (form), 1186
NON-TRANSFERABLE SOFTWARE LICENCE AGREEMENT
form of, 859
OBLIGATION(S)
creating binding, 54
OFFER(S)
acceptance and, 25
on-line, 104
transmitted electronically through internet, 104
ON-LINE ACCEPTANCE, 104
ON-LINE COMMERCE WEB-MAIL AGREEMENT, 90
ON-LINE CONTRACT(S)
contain a governing law, 35
formation
guidelines for, 32
internet and electronic commerce, 22
not involving sale of goods, 42
ON-LINE CONTRACT LAW
acceptance and offer, 25
arise, when, 26
shrinkwrap licence issues, 26
applicable law, 23
consumer transactions, 281252 CONVEYANCING, DRAFTING & DEEDS
ON-LINE CONTRACT LAW—Contd.
offer and acceptance, 25
shrinkwrap licence issues, 26
overview of, 23
payment, 27
UCC warranties and disclaimers, 27
writing requirement, 24
statute of frauds, 24
exceptions to, 25
ON-LINE LICENCE(S)
uses of works, for, 43
ON-LINE MARKET, 15
ON-LINE NAVIGATIONAL SERVICE AGREEMENT
form of, 696
ON-LINE OFFER(S)
may be published/transmitted electronically through internet, 104
ON-LINE PAYMENT, 20
ON-LINE SALE OF GOODS
conventional delivery, with, 43
electronic delivery, with, 43
ON-LINE SERVICE
information provider, and, 34
ON-LINE TRANSACTION(S)
shrinkwrap agreement and, 27
white paper sections on, 41
ON-LINE WORLDSHIP SOFTWARE LICENCE AGREEMENT
form of, 1117
OSIMIS-4.0 SOFTWARE
commercial use of, (form), 906
OUTSOURCING CALL CENTRE SUPPORT
netjet master agreement for, (form), 780
OWNER
copyright, of
distribution right of, 45
modification right of, 45
public display right of, 45
public performance right of, 45
reproduction right of, 45
OWNERSHIP
copyright, of, 49
software, of, retained by software developer, 129INDEX 1253
PARLOUR
software—see SOFTWARE PARLOUR
PARTNERSHIP
jont venture and, 83
PARTNERSHIP AGREEMENT, 83
PATENT LAW
liability under
internet, regarding, 2, 4
PDS MONITOR
trial of
agreement for, (form), 1103
PERMISSION TO LINK
form of, 715
PRIMITIVE DATA ELEMENT
what is, 124
PUBLIC DISPLAY RIGHT
copyright owner, of
what is, 45
PUBLIC DOMAIN WORK
no need of licence to use, 49
PUBLIC PERFORMANCE RIGHT
copyright owner, of
what is, 45
PUBLICATION
web—see WEB PUBLICATION
PUBLICATION AGREEMENT
electronic, (form), 1008
PUBLISHER
web—see WEB PUBLISHER
PUNISHMENT
enforcement regime, and, 54
PURCHASE
date processing machines, for, agreement of, (form), 1097
REGISTRATION
domain names, of, 68
terms and conditions for, (form), 413
REGULATION
internet through international treaties, of, 21254 CONVEYANCING, DRAFTING & DEEDS
REMEDY(IES)
electronic commerce, in respect of, 21
REPRODUCTION RIGHT
copyright owner’s, 45
RESALE AGREEMENT
technical deals, (form), 1175
RESERVATION SERVICE
website travel
agreement of, (form), 797
REVENUE(S)
hyperlink fees and, 95
SAFE-SURFING AGREEMENT
using the internet, about, (form), 628
SALE
contract for software whether one of, 133
factors for determination whether, 133
goods, of
contracts for, governed by UCC, 23
SALE OF GOODS
contract for
governed by uniform commercial code specific to United States, 23
on-line
contracts not involving, 42
conventional delivery, with, 43
electronic delivery, with, 43
SALES REPRESENTATION
web advertising
agreement for, (form), 791
SAP SOFTWARE
end-user licence agreement for, (form), 921
SECURITY(IES)
encryption and, 19
requirements, 118
SERVICE(S)
agreement for transaction processing network, (form), 933
agreement of website travel reservation, (form), 319
contract for software whether one of, 133
factors for determination whether, 133
internet
overview of, 22
terms and conditions for, (form), 759INDEX 1255
SERVICE(S)—Contd.
internet access
agreement, (form), 199, 202
maintenance
master outsourcing agreement, (form), 271
master
agreement, (form), 145, 157, 169
net
user agreement, for, (form), 766
network
agreement, (form), 178
web
promotion and distribution alliance agreement, (form), 377
web advertising
agreement, (form), 355
webnet—see WEBNET SERVICE
SERVICE AGREEMENT(S)
audio and video content, (form), 533
delivery, of, (form), 542
e-commerce website development and, 92
interactive, 77
internet, (form), 458
(another form), 458, 461
terms and conditions for, (form), 433
internet based, (form), 439
internet gateway, (form), 503
internet network, (form), 493
internet provider, 76
master, 78
form of, 469
on-line navigational, (form), 696
software development application support and, (form), 1126
software support, (form), 478
software technical support, (form), 1077
standard
direct internet searching, for, (form), 765
terms and conditions, (form), 412
terms of
site policies and terms of use, (form), 402
video and audio content, (form), 533
delivery, of, (form), 542
SERVICE CONTRACT
engineering, (form), 586
SERVICE PROVIDER
internet privacy policy by, (form), 529
SERVICE PROVIDER AGREEMENT
featured, 841256 CONVEYANCING, DRAFTING & DEEDS
‘SHRINK WRAP’ AGREEMENT
on-line transaction and, 27
‘SHRINK WRAP’ LICENCE
cases relating to, 26
‘click wrap’ licence and, 4
SITE LICENCE AGREEMENT
terms and conditions of, (form), 398
SITE OWNER AGREEMENT
software licence terms, and, (form), 1030
SKYLARK SYSTEM ACCESS AGREEMENT
form of, 771
SOFTWARE
acquisition, of, 127
decision for, 127
agreement— see SOFTWARE AGREEMENT
application, maintenance agreement, (form), 1104
assignment of copyright in, 129
business-to-business licence agreements, 131
copyright issues, 132
form of, 132
licence fee structure vis-a-vis uses, 132
warranties, 132
contract for
whether one of sale, 133
service, 133
copyright in
assignment of, 129
copyright issues in, 3
copyrightable, and hired programmer, 128
developed by employee entitles protection of trade secrets of employer, 128
development application support and service agreement, (form), 1126
hardware, and
agreement for support services for operating system, (form), 1043
(alternative form),
1073
terms and conditions to accompanying quotation for supply of, (form), 1012
hiring company as licensee, 129
effect of, 129
interfaces, 116
licence agreement, 88
licence agreement, (form), 686
licence for use of, and documentation on individual computer, (form), 914
licensing, 34
licence terms
site owner agreement, and, (form), 1030INDEX 1257
SOFTWARE—Contd.
no cost, 38
OSIMIS-4.0
commercial use of, (form), 906
overview, 127
ownership of
retained by software developer, 129
protection of trade secrets and non-disclosure agreements, 129
quality attributes, 118
SOFTWARE AGREEMENT, 126
application, development and support, (form), 1160
application software maintenance, (form), 1104
computer manufacturing and supply , (form), 1084
electronic licence agreement for use of software products, 1006
legal issues, of, 133
contract for software whether one of sale/service, 133
factors for determination whether sale/service, 133
parlour, (form), 1075
technical deals resale, (form), 1175
technical support service, (form), 1077
transaction processing network services, for, (form), 933
SOFTWARE DEVELOPER
ownership of software retained by, 129
SOFTWARE DEVELOPMENT
proposal for licence of trial, (letter form), 1004
standard terms for, (form), 1036
SOFTWARE DEVELOPMENT AGREEMENT, 69
form of, 1042
service, and, (form), 1047
important provisions of, 130
arbitration clause and jurisdiction, 131
contract price clause, 131
indemnification clause, 130
limitation of liability clause, 130
overview, 131
protection of trade secrets and non-disclosure agreements, 129
SOFTWARE DEVELOPMENT AND SERVICE AGREEMENT
form of, 1047
SOFTWARE DISTRIBUTION AGREEMENT
form of, 1059
real estate software, (form), 1068
SOFTWARE LICENCE
form of, 132
master, 12121258 CONVEYANCING, DRAFTING & DEEDS
SOFTWARE LICENCE AGREEMENT, 88
amendment of, 975, 978
custom, (form), 980
developing, manufacturing and marketing computing products, for, (form), 868
developing new technology, for, 952
end-users, (form), 986
(alternative form), 864
for one computer, (form), 990
general, (form), 911
hitech computers, of, (form), 862
limited terms, (form), 889
limited warranty, and, (form), 926
non-exclusive, (form), 855
non-transferable and, (form), 859
non-transferable, (form), 859
on-line worldship licence, (form), 1117
payment authorization and transaction through authorized gateway, (form), 936
restricted use on designated computers, for, (form), 892
restrictive covenants, with, (form), 866
short form of, 891
standard, (form), 1082
unitech technologies, (form), 903
use by individual, for, (form), 928
use on computer on pre-paid basis, (form), 930
with restricted use, (form), 923
zenith, (form), 894
SOFTWARE LICENCE AND TECHNICAL SUPPORT AGREEMENT
form of, 940
SOFTWARE MAINTENANCE AGREEMENT
terms and conditions of, (form), 1071
SOFTWARE PARLOUR
terms and conditions of, (form), 1075
SOFTWARE PRODUCTS
electronic licence agreement for use of, (form), 1006
SOFTWARE PUBLISHING AGREEMENT
checklist, 140
SOFTWARE REQUIREMENT(S)
data dictionary, 123
documenting, 108
can be done in three ways, 109
format specifications, 109
guideline for writing requirements, 119
introduction of, 109
template, 110
sample requirements
before and after, 121INDEX 1259
SOFTWARE REQUIREMENT(S) SPECIFICATION
dealing with incompleteness, 112
documents
characteristics of, 111
guidelines for writing requirements, 119
labelling requirements, 111
heirarchical numbering, 112
textual tags, 112
sequence number, 111
other requirements of, 119
template, 113
external interface requirements, 116
communications interfaces, 117
hardware interfaces, 117
software interfaces, 116
user interfaces, 116
introduction of, 114
document conventions of, 114
intended audience and reading suggestions of, 114
product scope of, 114
purpose of, 114
reference of, 115
non-functional requirements, 118
business rules, 118
performance requirements, 118
safety requirements, 118
security requirements, 118
software quality attributes, 118
user documents, 118
overall descriptions of, 115
assumptions and dependencies of, 116
design and implementation constraints of, 115
operating environment of, 115
product functions of, 115
perspective of, 115
user classes and characteristics of, 115
system features, 117
description and priority of, 117
functional requirements of, 117
stimulus/response sequences of, 117
system feature, 117
user interfaces and, 113
uses of, 110
limitation of, 111
scope of, 110
what is, 110
SOFTWARE SELLER AGREEMENT
custom, (form), 9941260 CONVEYANCING, DRAFTING & DEEDS
SOFTWARE SUPPORT SERVICE AGREEMENT
form of, 478
SONG-BAVERLY CONSUMER WARRANTY ACT
consumer transaction governed by, 30
SPONSORSHIP AGREEMENT, 81
exclusive, 87
website promotional, (form), 421
STATUTE OF FRAUDS, 24
exceptions to, 25
STUDENT(S)
teacher and
internet user agreement for, (form), 711
STUDENT LAB SERVICE LEVEL AGREEMENT
form of, 707
SUBSCRIPTION AGREEMENT
common form of private financing, whether, 23
TEACHER(S)
students and
internet user agreement for, (form), 711
TECHNICAL DEALS RESALE AGREEMENT
form of, 1175
TECHNOLOGY ASSIGNMENT AGREEMENT
form of, 1183
TECHNOLOGY LICENCE AGREEMENT, 88
TRADE SECRET(S)
confidential information, 5
employer, of
software developed by employee entitles protection of, 128
non-disclosure agreements, and, 129
relationship of confidence, 5
TRADEMARK(S)
domain names, and, 6
use of, 6
TRADEMARK LAW
liability under
internet, in cases of, 2
TRADITIONAL BUSINESS
e-commerce and, difference between, 13INDEX 1261
TRANSACTION PROCESSING NETWORK SERVICE
agreement for, (form), 682
(alternative form), 933
TRANSFER
web publishing copyright development and, agreement for, (form), 393
TRAVEL RESERVATION SERVICE
website
agreement, (form), 319
(alternative form), 797
TRAVEL SERVICE AGREEMENT
network, (form), 630
UCC WARRANTY(IES)
disclaimers, and, 27
UNCONSCIONABILITY
doctrine of, 31
UNIFORM COMMERCIAL CODE (UCC)
contracts for sale of goods governed by, 23
UNITECH TECHNOLOGIES SOFTWARE LICENCE AGREEMENT
form of, 903
UNIVERSITY INTERNET SERVICE
user agreement and parental consent for, (form), 714
UNIVERSITY LIBRARY
agreement with
www-based access to on-line databases, (form), 733
USER AGREEMENT
net services, for, (form), 766
parental consent for university internet service, and, (form), 714
VIDEO
audio and
service agreement content on internet, (form), 533
delivery, of, (form), 542
editing software development kit licence agreement, (form), 1190
WARRANTY(IES)
‘full’, 29
indemnification and, 138
liability disclaimers, and, 35
limited, 29
examples of, 36
software licence agreement and, (form), 926
terms
pre-sale availability of, 291262 CONVEYANCING, DRAFTING & DEEDS
WEB ADVERTISING SALES REPRESENTATION AGREEMENT
form of, 349, 791
WEB ADVERTISING SERVICE(S) AGREEMENT
form of, 355
WEB HOSTING AGREEMENT
internet access and, (form), 842
web hosting issues in, 102
domain name integrity , 103
electronic contracts, 103
IP prohibitions, 103
legality requirements, 103
site updates, 103
website customer services, 103
what it connotes, 71
WEB PUBLICATION
memorandum of understanding for, (form), 366
WEB PUBLISHER
netservice provider and, memorandum of understanding between, (form), 371
WEB PUBLISHING COPYRIGHT
development and transfer agreement, (form), 393
WEB SERVICE(S)
promotion and distribution alliance agreement, (form), 377
WEB SPACE
rental contract, (form), 313
WEBNET SERVICE
provision of
agreement for, (form), 833
WEBSITE
agreement for building and maintenance of, (form), 193
maintenance of
agreement for building and, (form), 736
multimedia
terms and conditions of use, (form), 716
service agreement, (form), 266
terms and conditions of use, (form), 310
travel reservation service agreement, (form), 319
WEBSITE AGREEMENT
form of, 828
WEBSITE CUSTOMER SERVICE(S), 103
WEBSITE DESIGN
contract, (form), 251
maintenance, and, (form), 256, 260
maintenance, and
agreement, (form), 256, 260INDEX 1263
WEBSITE DEVELOPMENT, 68
WEBSITE DEVELOPMENT AGREEMENT
checklist of issues, 97
introduction of, 96
negotiating tips
client, 99
developer, 100
what is, 70
WEBSITE DEVELOPMENT AND SERVICE AGREEMENT
e-commerce, 90
WEBSITE HOSTING
terms and conditions, (form), 297
WEBSITE LINKING AGREEMENT
what it connotes, 71
WEBSITE PROMOTION AGREEMENT
form of, 300
WEBSITE PROMOTIONAL SPONSORSHIP AGREEMENT
form of, 421
WEBSITE SERVICE(S)
some considerations of, 102
WEBSITE TRAVEL RESERVATION SERVICE
agreement, (form), 319
(alternative form), 797
WEBSITE USAGE AGREEMENT
terms and conditions, (forms), 307
‘WEB-WRAP’ AGREEMENT
enforceability of, 105
salient points to be considered in, 104
WILD LIFE CLIP ART LICENCE AGREEMENT
form of, 1029
WORK(S)
hire, for, 3
on-line licences for uses of, 43
WORLDSHIP SOFTWARE LICENCE AGREEMENT
on-line, (form), 1117
ZENITH SOFTWARE LICENCE AGREEMENT
form of, 894