TECHNOLOGIC CONTRACTS

TECHNOLOGIC CONTRACTS

1. Software Contracts

   • Commercial software
     • 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
       • 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
         • Tranferability
         • Revocability
         • Territory
         • Payment
         • Term