A
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Licences and software products
Alice Glenn, a solicitor, is
talking to a Dutch trainee about licencing agreements, also known as licence
agreements.
‘We work in a number of
sectors with licensors and licensees, establishing compliance programmes for
licensing and distribution, and advising on licensing revenues. In the
computer
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B
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Exclusion and limitation clauses
‘As with any other contract, the licence will contain express terms
(see Unit 34). These must, however, be interpreted against a background of
statutory regulation. The licensor cannot contract out of these, although
the standard terms of some software licences may claim, or profess, to
limit the liability of the supplier for loss or damages arising from the
use of the software.
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EXERCISES
38.1
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Replace the underlined words and phrases
in the following clauses from software licencing contracts with alternative
words and phrases from A opposite. Pay attention to the grammatical
context. There is more than one possibility for two of the answers.
1. The purchaser of the
Licence agrees to uphold these copyrights.
2. Caklyn Enterprises,
Benbecula, is the owner of the copyright of the program.
3. By opening the package
or installing the product, the Licensee agrees to be found by all the terms
and conditions of this Agreement.
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38.2
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Choose the correct word in brackets to complete sentences. Look at A
and B opposite to help you.
1.
You agree that you will not cause or (exclude/ permit/ restrict) the
removal of any copyright notices from the licensed software.
2.
The licensor (reserves/ confers/ permits) any rights not expressly
granted to the licensee.
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