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Software licensing occupies a unique position at the intersection of contracts, intellectual property, and commercial law doctrines. The difficulty in analyzing software licensing issues directly results from the sui generis nature of software that leads to the construct of what the author refers to as the "software licensing dilemma" -- if software is sold and not licensed, the licensor's ability to control unauthorized uses of its product is significantly curtailed; on the other hand, if software is licensed and not sold, the licensee's rights under the agreement are unduly restricted. This Article argues that the validity of a license grant should not be inextricably tied to the validity of the contract. In applying a dynamic contracts approach, this Article also addresses several po...
..." according to contract rules of formation and enforcement. Contract formation is the usual s...
...(iii) the Government's actions during the contract formation stage confirmed that the creation of the...Under the terms of the notes, an enforcement notice could be served if an "event of default" oc...
... or in equityfxx the revocation of any contract." 9 U. S. C. §2. Weconsider whether the FAA pro... of §§2, 3, and 4,is to ensure the enforcement of arbitrxxxxx agrexxxxxxaccording to their term... a partysuccessfully challenges the formation of the arbxxxxxxxx 2 AT&T MOBILITY LLC v. CONCE...
... here, we must address issues of contract formation in cyberspace. Principally, we are asked... governing contract formation and enforcement. See Robert A. Hillman & Jeffrey J. Rachlinski, St...
... States is the current and aggressive enforcement of the Foreign Corrupt Practices Act by the Securi... that relate to ownership of real estate? Contract formation? Enforcement of contracts? Hiring and fi...
... DIRECTOR, DIVISION OF ENFORCEMENT, SECURITIES AND EXCHANGE COMMISSIO... burdens and facilitating capital formation for small business, providing disclosure about cre...COOK: Absolutely. GARRETT: Can a contractor buy, would it be on the other side of the Chinese ...
...Supreme Court validated consumer contracts with arbitration clauses containing class action w..., the two goals of the FAA are the "enforcement of private agreements and encouragement of efficie... contracts based on problems at contract formation, while the state case deals with enforcing contrac...
... of unconscionability to temper strict enforcement of adhesion contracts in the consumer context. (40... clauses, procedural matters and formation, among others. . The discussion of specific case e...
... 1983 until 1987, CSI maintained a contractual relationship with health maintenance organization ... individuals only in the making, or formation, of contracts and in the enforcement of contracts ...
... processes of rule establishment and enforcement to govern the common life of citizens. Many aspect... powers to influence the process of rule formation requires preventing the purchase of influence by t... basic liberties, among others freedom of contract, movement, and association, including unionization...
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