Technologic Contracts

Technologic Contracts

1. "Technologic contracts become a technological relationship, in which rights and obligations are created, transmitted, modified or extinguished to trade technologic objects."

2. according to Behar Quiñones, G., & Yáñez Figueroa, A.

   • “specifies the objective, functionality, operability, form of transmission, legal nature, maintenance and specifications or particularities of the system (software) or hardware”.
     • According to the technologic object, the technologic contracts are clasified in:
       • Software Contracts
         • Commercial software:
           • software bought in stores with an established contract form that can’t be modified:
             • Shrink Wrap
             • Click Wrap
             • Browse Wrap
         • Customized and specialist software:
           • computer programs and platforms created specifically to meet the needs and specific processes of an organization:
             • Contract to grant a license for using the specialized and customized software: Turnkey contract
               • Contract to supply Software implementation services
               • Contract to supply Software maintenance services
               • Contract to supply Software development services
       • Hardware Contracts
         • Hardware contracts are more easy to define given that there is a tangible object to trade. The following are the must common contracts:
           • Contract of sale
           • Contract of test and purchase
           • Contract of lease
           • Contract of financial lease
       • Licensing
         • Licensing is one of the must common mechanism used to transfer technology. According to Ryder, R. D., & Madhavan, A. (2014) in order to define the scope of a license in a technology negotiation, it is necessary to define the following ítems:
           • The element of property to be licensed
             • The entity to whom the property is being licensed
               • The geographic extent of the license
                 • The commercial extent of the license
                   • The duration
       • Licensing Agreement
         • Depending on the bargaining power of the parties and the technology involved, the license can be granted by an agreement, but terms can vary widely according to the following elements:
           • exclusivity
           • transferability
           • revocability
           • territory
           • payment
           • term