End-user License Agreement
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End-user License Agreement
An end-user license agreement or EULA () is a legal contract between a software supplier and a customer or end-user. The practice of selling licenses to rather than copies of software predates the recognition of software copyright, which has been recognized since the 1970s in the United States. Initially, EULAs were often printed as shrink wrap contracts, where tearing the shrink wrap indicated acceptance. Software distributed via the internet is more commonly licensed via clickwrap (where the user clicks to agree to the license) or browsewrap (continuing to browse the website indicates agreement). Most companies prefer to sell licenses rather than copies of the software because it enables them to enforce stricter terms on the end user in a number of domains, especially by prohibiting transfer of ownership or use on multiple computers, and by asserting ownership of the copyright of derivative works, such as user-generated content in video games. Enforceability of EULAs has bee ...
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Legal Certainty
Legal certainty is a principle in national and international law which holds that the law must provide those subject to it with the ability to regulate their conduct. See also * * *Due process *International human rights law International human rights law (IHRL) is the body of international law designed to promote human rights on social, regional, and domestic levels. As a form of international law, international human rights law is primarily made up of treaties, ag ... * Rational basis test Further reading *Gerit BetlemThe Doctrine of Consistent Interpretation—Managing Legal Uncertainty ''Oxford Journal of Legal Studies'', 2002. *Anthony D'AmatoLegal Uncertainty ''California Law Review'', 1983. *Uri WeissThe Regressive Effect of Legal Uncertainty ''The Journal of Dispute Resolution'', 2019. References Legal doctrines and principles {{law-stub ...
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Market Share
Market share is the percentage of the total revenue or sales in a Market (economics), market that a company's business makes up. For example, if there are 50,000 units sold per year in a given industry, a company whose sales were 5,000 of those units would have a 10percent share in that market. "Marketers need to be able to translate sales targets into market share because this will demonstrate whether forecasts are to be attained by growing with the market or by capturing share from competitors. The latter will almost always be more difficult to achieve. Market share is closely monitored for signs of change in the competitive landscape, and it frequently drives strategic or tactical action."Farris, Paul W.; Neil T. Bendle; Phillip E. Pfeifer; David J. Reibstein (2010). ''Marketing Metrics: The Definitive Guide to Measuring Marketing Performance.'' Upper Saddle River, New Jersey: Pearson Education, Inc. . The Marketing Accountability Standards Board (MASB) endorses the definitio ...
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Software As Service
Software as a service (SaaS ) is a cloud computing service model where the provider offers use of application software to a client and manages all needed physical and software resources. SaaS is usually accessed via a web application. Unlike other software delivery models, it separates "the possession and ownership of software from its use". SaaS use began around 2000, and by 2023 was the main form of software application deployment. Unlike most self-hosted software products, only one version of the software exists and only one operating system and configuration is supported. SaaS products typically run on rented infrastructure as a service (IaaS) or platform as a service (PaaS) systems including hardware and sometimes operating systems and middleware, to accommodate rapid increases in usage while providing instant and continuous availability to customers. SaaS customers have the abstraction of limitless computing resources, while economy of scale drives down the cost. SaaS ...
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Joint Authorship
Joint authorship of a copyrightable work is when two or more persons contribute enough to the work to be the author of that work. In the case of joint authorship, the authors share the copyright in the work with each other. International conventions Article 7bis
of the Berne Convention states the term of protection for works of joint authorship and extends the general terms of protection provided unde
Article 7
to works of joint authorship, under the condition that the term of copyright protection must be measured from the death of the last surviving author. But the Berne Convention doesn’t define what works of joint authorship are ...
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Video Games
A video game or computer game is an electronic game that involves interaction with a user interface or input device (such as a joystick, game controller, controller, computer keyboard, keyboard, or motion sensing device) to generate visual feedback from a display device, most commonly shown in a video format on a television set, computer monitor, flat-panel display or touchscreen on handheld devices, or a virtual reality headset. Most modern video games are audiovisual, with Sound, audio complement delivered through loudspeaker, speakers or headphones, and sometimes also with other types of sensory feedback (e.g., haptic technology that provides Touch, tactile sensations). Some video games also allow microphone and webcam inputs for voice chat in online gaming, in-game chatting and video game livestreaming, livestreaming. Video games are typically categorized according to their hardware platform, which traditionally includes arcade video games, console games, and PC game, comp ...
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Virtual World
A virtual world (also called a virtual space or spaces) is a Computer simulation, computer-simulated environment which may be populated by many simultaneous users who can create a personal Avatar (computing), avatar and independently explore the virtual world, participate in its activities, and communicate with others. These avatars can be textual, graphical representations, or live video avatars with auditory and touch sensations. Virtual worlds are closely related to mirror worlds. In a virtual world, the User (computing), user accesses a computer-simulated world which presents Perception, perceptual stimuli to the user, who in turn can manipulate elements of the modeled world and thus experience a degree of Immersion (virtual reality)#Presence, presence. Such modeled worlds and their rules may draw from reality or fantasy worlds. Example rules are gravity, topography, animal locomotion, locomotion, real-time computer graphics, real-time actions, and communication. Communicati ...
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Reverse Engineering
Reverse engineering (also known as backwards engineering or back engineering) is a process or method through which one attempts to understand through deductive reasoning how a previously made device, process, system, or piece of software accomplishes a task with very little (if any) insight into exactly how it does so. Depending on the system under consideration and the technologies employed, the knowledge gained during reverse engineering can help with repurposing obsolete objects, doing security analysis, or learning how something works. Although the process is specific to the object on which it is being performed, all reverse engineering processes consist of three basic steps: information extraction, modeling, and review. Information extraction is the practice of gathering all relevant information for performing the operation. Modeling is the practice of combining the gathered information into an abstract model, which can be used as a guide for designing the new object or syst ...
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Source Code
In computing, source code, or simply code or source, is a plain text computer program written in a programming language. A programmer writes the human readable source code to control the behavior of a computer. Since a computer, at base, only understands machine code, source code must be Translator (computing), translated before a computer can Execution (computing), execute it. The translation process can be implemented three ways. Source code can be converted into machine code by a compiler or an assembler (computing), assembler. The resulting executable is machine code ready for the computer. Alternatively, source code can be executed without conversion via an interpreter (computing), interpreter. An interpreter loads the source code into memory. It simultaneously translates and executes each statement (computer science), statement. A method that combines compilation and interpretation is to first produce bytecode. Bytecode is an intermediate representation of source code tha ...
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United States Federal Law
The law of the United States comprises many levels of Codification (law), codified and uncodified forms of law, of which the supreme law is the nation's Constitution of the United States, Constitution, which prescribes the foundation of the federal government of the United States, federal government of the United States, as well as various civil liberties. The Constitution sets out the boundaries of federal law, which consists of Act of Congress, Acts of Congress, treaty, treaties ratified by the United States Senate, Senate, regulations promulgated by the executive branch, and case law originating from the United States federal courts, federal judiciary. The United States Code is the official compilation and Codification (law), codification of general and permanent federal statutory law. The Constitution provides that it, as well as federal laws and treaties that are made pursuant to it, preempt conflicting state and territorial laws in the 50 U.S. states and in the territor ...
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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. While these types of contracts are not illegal ''per se'', there exists a potential for unconscionability. In addition, in the event of an ambiguity, such ambiguity will be resolved '' contra proferentem'', i.e. against the party drafting the contract language. Theoretical issues There is much debate on a theoretical level whether, and to what extent, courts should enforce standard form contracts. On one hand, they undeniably fulfill an important role of promoting economic efficiency. Standard form contracting reduces transaction costs substantially by avoiding the ...
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Contracting With A Minor
A contract is an agreement that specifies certain legally enforceable rights and obligations pertaining to two or more parties. A contract typically involves consent to transfer of goods, services, money, or promise to transfer any of those at a future date. The activities and intentions of the parties entering into a contract may be referred to as contracting. In the event of a breach of contract, the injured party may seek judicial remedies such as damages or equitable remedies such as specific performance or rescission. A binding agreement between actors in international law is known as a treaty. Contract law, the field of the law of obligations concerned with contracts, is based on the principle that agreements must be honoured. Like other areas of private law, contract law varies between jurisdictions. In general, contract law is exercised and governed either under common law jurisdictions, civil law jurisdictions, or mixed-law jurisdictions that combine elements of ...
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