Technology Law FAQs
1. What is a software development agreement?
A software development agreement is an agreement between a programmer and a customer that sets out the rights between those parties. Generally, the software development agreement details the rights and responsibilities of the parties and sets forth a structure that should result in a newly developed computer application for the customer’s use. Negotiations and drafting should address several key concepts such as the development process, installation, testing, maintenance, warranties and intellectual property rights.
2. What is a software licensing agreement?
In this scenario, a licensor (usually the developer) contracts with a purchaser for the right to use certain computer software. As opposed to a development agreement, software licensing agreements typically involve software that has been previously developed. It is always important to pay particular attention to the grant clause that sets out the boundaries of the license rights granted to the purchaser/licensee.
3. Does the law offer any protections from someone who is trying to take over my online identity?
Yes. The Anticybersquatting Consumer Protection Act establishes private causes of action to address “cybersquatting”. The law was adopted to address those who register Internet domain names for improper purposes. These strong laws were enacted by Congress after they found that “the unauthorized registration or use of trademarks as Internet domain names or other identifiers of online locations (commonly known as ‘cybersquatting’) (1) results in consumer fraud and public confusion as to the true source or sponsorship of products and services; (2) impairs electronic commerce, which is important to the economy of the United States; and (3) deprives owners of trademarks of substantial revenues and consumer goodwill”. The Digital Millennium Copyright Act also provides some protections.
4. Can I sign a business contract online?
Yes. North Carolina has adopted the Uniform Enforcement Transactions Act (UETA), which provides specific statutory guidance. The UETA allows for the use of electronic documents and electronic signatures where the parties to a transaction agree to use electronic means.
Once you understand what technology law encompasses, if you have any of these situations requiring the help of an attorney, please contact the lawyers at Hannah Sheridan & Cochran, LLP, at 919-859-6840.
Resources
Contracts in the Electronic Age