Software Contracts

This volume covers standard-form agreements, warranties, and remedies, as well as definitions, scope, and general terms. It enunciates legal principles on issues posed by new technology and addresses matters that often come to state and federal judges without adequate guidance from state contract or commercial law or from federal intellectual property law. The work draws by convincing analogy on traditional legal doctrine that history has tested for efficiency and fairness. The Principles will aid lawyers, persons who are in the software business or who rely on software, and eventually common-law judges and legislators.

Chapter 1. Definitions, Scope, and General Terms
  Topic 1. Definitions
  Topic 2. Scope
  Topic 3. General Terms
Chapter 2. Formation and Enforcement
  Topic 1. Formation, Generally 
  Topic 2. Standard-Form Transfers of Generally Available Software; Enforcement of the Standard Form 
  Topic 3 .Contract Modification
Chapter 3. Performance
  Topic 1. Indemnification and Warranties
  Topic 2. Parol-Evidence Rule and Interpretation
  Topic 3. Breach
Chapter 4. Remedies
  Topic 1. Agreements With Respect to Remedy
  Topic 2. Remedies in the Absence of Agreement

This volume combines clear black-letter provisions with extensive explanatory Comments, clarifying Illustrations, and detailed Reporters’ Notes. 

Reporters:
Robert A. Hillman, Cornell Law School, Ithaca, NY
Maureen A. O’Rourke, Boston University School of Law, Boston, MA

308 pages, 2010, #1PLSCOT