Technologic Contracts and lisensing

Technologic Contracts and lisensing

1. TECHNOLOGIC CONTRACTS

   • is a type of commercial contract related to the use and implementation of new technologies.
     • They are characterized by the creation of rights and obligations relating to computer and digital systems, and creating value from technical or technological characteristics.
       • Software Contracts
         • Its purpose is the sale, lease or provision of services relating to a computer system or to an element integrated or capable of being incorporated into said system, being able to distinguish between:
           • Material: computers, peripherals, etc. Intangible: software.
           • the content of a computer contract is usually the following
             • Parties (if they are companies, legal representation must be accredited)
             • Definitions (definitions of those technical concepts, in English or unclear that the parties use in the contract)
             • Purpose of the contract (the authorization by the holder to use / acquire a certain software in the established terms)
             • Transmission of rights and scope
             • Duration Scope of industrial property (brands and know-how)
             • Confidentiality clauses
             • Price
             • Way to pay
             • Delivery and installation
             • Maintenance and support
             • Compatibility
             • Delivery of manuals and documentation
             • Warranty
             • Expenses and Taxes Responsibilities of both parties for non-compliance
             • Responsibilities of the provider derived from its lack of ownership
             • Applicable Law and Competent Jurisdiction
         • 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
         • Nuñez, J. (2017). How to present software for contract management to the IT Manager. webdox obtained from https://www.webdox.cl/blog/es/como-presentar-un-software-para-gesti%C3%B3n-de-contratos-al-gerente-de-ti
       • Hardware Contracts
         • The following are the must common contracts:
           • Contract of sale
           • Contract of test and purchase
           • Contract of lease
           • Contract of financial lease
           • Hardware contracts are more easy to define given that there is a tangible object to trade
             • General Clauses
               • Definitions.
                 • Object.
                   • Duration.
                     • Price and method of payment.
                       • Communications between the parties.
                         • Confidentiality Contract resolution.
                           • Rights and obligations of the parties.
                             • Responsibilities of the parties.
                               • Applicable law and competent courts.
             • Specific clauses
               • Sanitation and guarantee.
                 • Technical specifications of computer equipment.
                   • Liability for defective product
         • AI Smart Contracts - The Past, Present, and Future. (2018). hackernoon retrieved from https://hackernoon.com/ai-smart-contracts-the-past-present-and-future-625d3416807b

2. LICENSING

   • responsible for technological management and scientists who in the exercise of their functions have to deal with license agreements
     • a license to develop new computer programs that are protected by the legislation regarding patents, copyright, trademarks or trade secrets)
       • But the terms may vary widely according to the following elements:
         • Exclusiveness-Transferability-Revocability-Territory-Payment-Finished-Field of use-Sublicensees
   • To define the scope of a license in a technological negotiation, it is necessary to define the following items:
     • The property item to be licensed
     • The entity to which the license is being granted
     • The geographical extension of the license.
     • The commercial scope of the license.
     • The duration
   • Morales, S. (2019). Software licenses. Evaluating software obtained from https://www.evaluandosoftware.com/las-licencias-software/

3. Reviewing Technology Contracts. (2018). Insurance and confinement magazine coverage. obtained from https://co coverage.com.ar/2018/03/28/revisando-los-contratos-tecnologicos/

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