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56 relations: Abandonware, Advanced Query Tool, Apple Inc., April Fools' Day, Arizona Cartridge Remanufacturers Ass'n Inc. v. Lexmark International Inc., Bowers v. Baystate Technologies, Inc., Click wrap, Comparison of free and open-source software licenses, Consequential damages, Contra proferentem, Contract, Copyleft, Copyright law of the United States, Deal with the Devil, Digital Millennium Copyright Act, Digital rights management, Encryption, Exhaustion of intellectual property rights, Free software, Free Software Foundation, Free software license, Gamestation, Good faith (law), HumancentiPad, Indemnity, Index of articles related to terms of service and privacy policies, ITunes, Jerry Pournelle, Kyle Broflovski, License manager, Microsoft Corp. v. Harmony Computers & Electronics, Inc., PayPal, Precedent, ProCD, Inc. v. Zeidenberg, Proprietary software, Reverse engineering, Shrink wrap contract, Software asset management, Software license, South Park, Specht v. Netscape Communications Corp., Standard form contract, Step-Saver Data Systems, Inc. v. Wyse Technology, Supreme Court of the United States, Terms of service, Unconscionability, Uniform Commercial Code, Uniform Computer Information Transactions Act, United States Court of Appeals for the Eighth Circuit, United States Court of Appeals for the Federal Circuit, ..., United States Court of Appeals for the Seventh Circuit, Vault Corp. v. Quaid Software Ltd., Vendor lock-in, Vernor v. Autodesk, Inc., Warranty, WIPO Copyright Treaty. Expand index (6 more) »
Abandonware
Abandonware is a product, typically software, ignored by its owner and manufacturer, and for which no support is available.
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Advanced Query Tool
Advanced Query Tool (AQT) is a Microsoft Windows based SQL query software tool used to administer and execute queries against the most common database management systems.
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Apple Inc.
Apple Inc. is an American multinational technology company headquartered in Cupertino, California, that designs, develops, and sells consumer electronics, computer software, and online services.
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April Fools' Day
April Fools' Day is an annual celebration in some European and Western countries commemorated on April 1 by playing practical jokes and spreading hoaxes.
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Arizona Cartridge Remanufacturers Ass'n Inc. v. Lexmark International Inc.
Arizona Cartridge Remanufacturers Association Inc.
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Bowers v. Baystate Technologies, Inc.
Bowers v. Baystate Technologies, 320 F.3d 1317 (Fed. Cir. 2003), was a U.S. Court of Appeals Federal Circuit case involving Harold L. Bowers (doing business as HLB Technology) and Baystate Technologies over patent infringement, copyright infringement, and breach of contract.
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Click wrap
A clickwrap or clickthrough agreement or license is a common type of agreement for software licenses where the user electronically indicates their acceptance in order to use the software.
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Comparison of free and open-source software licenses
This is a comparison of published free software licenses and open-source licenses.
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Consequential damages
Consequential damages, otherwise known as special damages, are damages that can be proven to have occurred because of the failure of one party to meet a contractual obligation.
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Contra proferentem
Contra proferentem (Latin: "against offeror"), also known as "interpretation against the draftsman", is a doctrine of contractual interpretation providing that, where a promise, agreement or term is ambiguous, the preferred meaning should be the one that works against the interests of the party who provided the wording.
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Contract
A contract is a promise or set of promises that are legally enforceable and, if violated, allow the injured party access to legal remedies.
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Copyleft
Copyleft (a play on the word copyright) is the practice of offering people the right to freely distribute copies and modified versions of a work with the stipulation that the same rights be preserved in derivative works down the line.
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Copyright law of the United States
The copyright law of the United States is intended to encourage the creation of art and culture by rewarding authors and artists with a set of exclusive rights.
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Deal with the Devil
A deal with the devil (also known as compact or pact with the devil) is a cultural motif, best exemplified by the legend of Faust and the figure of Mephistopheles, but elemental to many Christian traditions.
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Digital Millennium Copyright Act
The Digital Millennium Copyright Act (DMCA) is a United States copyright law that implements two 1996 treaties of the World Intellectual Property Organization (WIPO).
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Digital rights management
Digital rights management (DRM) is a set of access control technologies for restricting the use of proprietary hardware and copyrighted works.
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Encryption
In cryptography, encryption is the process of encoding a message or information in such a way that only authorized parties can access it and those who are not authorized cannot.
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Exhaustion of intellectual property rights
The exhaustion of intellectual property rights constitutes one of the limits of intellectual property (IP) rights.
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Free software
Free software or libre software is computer software distributed under terms that allow users to run the software for any purpose as well as to study, change, and distribute it and any adapted versions.
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Free Software Foundation
The Free Software Foundation (FSF) is a 501(c)(3) non-profit organization founded by Richard Stallman on 4 October 1985 to support the free software movement, which promotes the universal freedom to study, distribute, create, and modify computer software, with the organization's preference for software being distributed under copyleft ("share alike") terms, such as with its own GNU General Public License.
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Free software license
A free software license is a notice that grants the recipient of a piece of software extensive rights to modify and redistribute that software.
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Gamestation
Gamestation was a chain of retail shops in the United Kingdom selling used and new video games, and was the second largest specialist video game retailer in the United Kingdom until it was acquired by Game in May 2007, a group which owns many different gaming stores throughout the United Kingdom and Europe.
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Good faith (law)
In contract law, the implied covenant of good faith and fair dealing is a general presumption that the parties to a contract will deal with each other honestly, fairly, and in good faith, so as to not destroy the right of the other party or parties to receive the benefits of the contract.
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HumancentiPad
"HumancentiPad", stylized as "HUMANCENTiPAD", is the first episode of the fifteenth season of the American animated television series South Park, and the 210th episode of the series overall.
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Indemnity
Indemnity is a contractual obligation of one party (indemnitor) to compensate the loss occurred to the other party (indemnitee) due to the act of the indemnitor or any other party.
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Index of articles related to terms of service and privacy policies
This is a list of articles about terms of service and privacy policies.
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ITunes
iTunes is a media player, media library, Internet radio broadcaster, and mobile device management application developed by Apple Inc. It was announced on January 9, 2001.
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Jerry Pournelle
Jerry Eugene Pournelle (August 7, 1933 – September 8, 2017) was an American science fiction writer, essayist, and journalist who contributed for many years to the computer magazine Byte in the 1970s, 1980s, and early 1990s.
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Kyle Broflovski
Kyle Broflovski (sometimes spelled Kyel Broflovski, Broslovski, Broslofski, Brovlofski or Broflofski) is a main character in the animated television series South Park.
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License manager
A software license manager is a software management tool used by Independent software vendors or by end-user organizations to control where and how software products are able to run.
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Microsoft Corp. v. Harmony Computers & Electronics, Inc.
Microsoft Corp.
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PayPal
PayPal Holdings, Inc. is an American company operating a worldwide online payments system that supports online money transfers and serves as an electronic alternative to traditional paper methods like cheques and money orders.
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Precedent
In common law legal systems, a precedent, or authority, is a principle or rule established in a previous legal case that is either binding on or persuasive for a court or other tribunal when deciding subsequent cases with similar issues or facts.
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ProCD, Inc. v. Zeidenberg
ProCD, Inc.
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Proprietary software
Proprietary software is non-free computer software for which the software's publisher or another person retains intellectual property rights—usually copyright of the source code, but sometimes patent rights.
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Reverse engineering
Reverse engineering, also called back engineering, is the process by which a man-made object is deconstructed to reveal its designs, architecture, or to extract knowledge from the object; similar to scientific research, the only difference being that scientific research is about a natural phenomenon.
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Shrink wrap contract
Shrink wrap contracts are boilerplate contracts packaged with products; usage of the product is deemed acceptance of the contract.
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Software asset management
Software asset management (SAM) is a business practice that involves managing and optimizing the purchase, deployment, maintenance, utilization, and disposal of software applications within an organization.
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Software license
A software license is a legal instrument (usually by way of contract law, with or without printed material) governing the use or redistribution of software.
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South Park
South Park is an American adult animated sitcom created by Trey Parker and Matt Stone and developed by Brian Graden for the Comedy Central television network.
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Specht v. Netscape Communications Corp.
Specht v. Netscape, 306 F.3d 17 (2d Cir. 2002), is a case in the United States Court of Appeals for the Second Circuit regarding the enforceability of browse-wrap software licenses.
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Standard form contract
A standard form contract (sometimes referred to as a contract of adhesion, a leonine contract, a take-it-or-leave-it contract, or a boilerplate contract) is a contract between two parties, where the terms and conditions of the contract are set by one of the parties, and the other party has little or no ability to negotiate more favorable terms and is thus placed in a "take it or leave it" position.
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Step-Saver Data Systems, Inc. v. Wyse Technology
Step-Saver Data Systems, Inc.
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Supreme Court of the United States
The Supreme Court of the United States (sometimes colloquially referred to by the acronym SCOTUS) is the highest federal court of the United States.
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Terms of service
Terms of service (also known as terms of use and terms and conditions, commonly abbreviated as TOS or ToS and ToU) are rules by which one must agree to abide in order to use a service.
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Unconscionability
Unconscionability (sometimes known as unconscionable dealing/conduct in Australia) is a doctrine in contract law that describes terms that are so extremely unjust, or overwhelmingly one-sided in favor of the party who has the superior bargaining power, that they are contrary to good conscience.
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Uniform Commercial Code
The Uniform Commercial Code (UCC), first published in 1952, is one of a number of uniform acts that have been put into law with the goal of harmonizing the law of sales and other commercial transactions across the United States of America (U.S.) through UCC adoption by all 50 states, the District of Columbia, and the U.S. territories.
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Uniform Computer Information Transactions Act
Uniform Computer Information Transactions Act (UCITA) was an attempt to introduce a Uniform Act for US States to follow.
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United States Court of Appeals for the Eighth Circuit
The United States Court of Appeals for the Eighth Circuit (in case citations, 8th Cir.) is a United States federal court with appellate jurisdiction over the following United States district courts.
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United States Court of Appeals for the Federal Circuit
The United States Court of Appeals for the Federal Circuit (Federal Circuit; in case citations, Fed. Cir. or C.A.F.C.) is a United States court of appeals headquartered in Washington, D.C. The court was created by Congress with passage of the Federal Courts Improvement Act of 1982, which merged the United States Court of Customs and Patent Appeals and the appellate division of the United States Court of Claims, making the judges of the former courts into circuit judges.
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United States Court of Appeals for the Seventh Circuit
The United States Court of Appeals for the Seventh Circuit (in case citations, 7th Cir.) is a federal court with appellate jurisdiction over the courts in the following districts.
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Vault Corp. v. Quaid Software Ltd.
Vault Corporation v Quaid Software Ltd. 847 F.2d 255 (5th Cir. 1988) is a case heard by the United States Court of Appeals for the Fifth Circuit that tested the extent of software copyright.
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Vendor lock-in
In economics, vendor lock-in, also known as proprietary lock-in or customer lock-in, makes a customer dependent on a vendor for products and services, unable to use another vendor without substantial switching costs.
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Vernor v. Autodesk, Inc.
Vernor v. Autodesk, Inc. was a case in the United States District Court for the Western District of Washington regarding the applicability of the first-sale doctrine to software sold under the terms of so-called "shrinkwrap licensing." The court held that when the transfer of software to the purchaser materially resembled a sale (non-recurring price, right to perpetual possession of copy) it was, in fact, a "sale with restrictions on use"United States v. Wise, (9th Cir. 1977).
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Warranty
In contract law, a warranty has various meanings but generally means a guarantee or promise which provides assurance by one party to the other party that specific facts or conditions are true or will happen.
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WIPO Copyright Treaty
The World Intellectual Property Organization Copyright Treaty (WIPO Copyright Treaty or WCT) is an international treaty on copyright law adopted by the member states of the World Intellectual Property Organization (WIPO) in 1996.
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References
[1] https://en.wikipedia.org/wiki/End-user_license_agreement
