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." Within the parts that are included in this contract, it is essential to understand the technologic object, which, specifies the objective, functionality, operability, form of transmission, legal nature, maintenance and specifications or particularities of the system (software) or hardware

2. Software Contracts

   • 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 Sofware implementation services
       • Contract to supply Sofware maintenance services
       • Contract to supply Sofware deveopment services

3. Hardware Contracts

   • Hadware contracts are more easy to define given that there is a tangible object trade. The following are the must common contracts:
     • Contract of test and purchase.
     • Contract of lease.
     • Contract of financial lease.
     • Contract of sale.

4. Licensing

   • Licensing is one of the must common mechanism used to transfer technology. In order to define the scope of a license in a technology negotiation, it is necessary to define the following items:
     • The element of property to be licensed.
     • The entity to whom the property is being licensed
       • Field of use
       • Sublicensing
     • 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
       • Transferaility
       • Revocability
       • Territory
       • Payment
       • Term

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