King Washington Pautas para redactar acuerdos de envoltura retráctil y envoltura clic - Guidelines for Drafting Shrink Wrap and Click Wrap Agreements

• Category: Tecnología - Computadoras e Internet - Doing Business
• State: Multi-State
• County: King
• Control #: US-DB0806BAM
• Format: Word

Description

Formularios de acuerdo de licencia de Internet King Washington Guidelines for Drafting Shrink Wrap and Click Wrap Agreements provide essential guidance for creating legally sound and enforceable contracts in the context of software licensing and online services. These guidelines outline the necessary elements and best practices ensuring that both parties are protected and their rights and obligations are clearly defined. Shrink Wrap Agreements are typically used in the sale of tangible products containing software, where the agreement is enclosed within the product's packaging and is binding upon the consumer once the package is opened. Click Wrap Agreements, on the other hand, are commonly used in the online environment, where users agree to the terms and conditions by clicking on an "I agree" or similar button before accessing or using the software or service. In order to draft an effective Shrink Wrap or Click Wrap Agreement, the following guidelines should be considered: 1. Clear and Unambiguous Language: The terms of the agreement should be written in clear and easily understandable language, avoiding terminology that may confuse or mislead the users. 2. Comprehensive Scope: The agreement should clearly outline the scope of the license or service being provided, including any limitations and restrictions on use, duration, and jurisdiction. 3. Consent and Acceptance: The agreement should include a provision demonstrating the user's consent and acceptance of the terms, either through an explicit agreement button or by the act of opening the package or accessing the software. 4. Notice of Terms: It is essential to provide users with reasonable notice of the terms of the agreement before they are bound by it. This may involve making the terms readily accessible and conspicuous, such as requiring users to scroll through the terms or presenting them prominently on a webpage. 5. Unenforceability and Severability: The agreement should address the invalidity or unenforceability of any provision, ensuring that the rest of the agreement remains valid and enforceable. 6. Intellectual Property Rights: The agreement should address the ownership and protection of intellectual property rights, including copyrights and trademarks, to avoid any infringement or unauthorized use. 7. Dispute Resolution: Consider including provisions for dispute resolution, such as arbitration or mediation, and specifying the governing law and jurisdiction to handle any potential disagreements between the parties. By adhering to these guidelines, businesses can develop legally sound Shrink Wrap and Click Wrap Agreements that protect their interests while providing users with a clear understanding of their rights and obligations. It is essential to regularly review and update these agreements to comply with changing laws and industry standards, ensuring continued enforceability and validity.

King Washington Guidelines for Drafting Shrink Wrap and Click Wrap Agreements provide essential guidance for creating legally sound and enforceable contracts in the context of software licensing and online services. These guidelines outline the necessary elements and best practices ensuring that both parties are protected and their rights and obligations are clearly defined. Shrink Wrap Agreements are typically used in the sale of tangible products containing software, where the agreement is enclosed within the product's packaging and is binding upon the consumer once the package is opened. Click Wrap Agreements, on the other hand, are commonly used in the online environment, where users agree to the terms and conditions by clicking on an "I agree" or similar button before accessing or using the software or service. In order to draft an effective Shrink Wrap or Click Wrap Agreement, the following guidelines should be considered: 1. Clear and Unambiguous Language: The terms of the agreement should be written in clear and easily understandable language, avoiding terminology that may confuse or mislead the users. 2. Comprehensive Scope: The agreement should clearly outline the scope of the license or service being provided, including any limitations and restrictions on use, duration, and jurisdiction. 3. Consent and Acceptance: The agreement should include a provision demonstrating the user's consent and acceptance of the terms, either through an explicit agreement button or by the act of opening the package or accessing the software. 4. Notice of Terms: It is essential to provide users with reasonable notice of the terms of the agreement before they are bound by it. This may involve making the terms readily accessible and conspicuous, such as requiring users to scroll through the terms or presenting them prominently on a webpage. 5. Unenforceability and Severability: The agreement should address the invalidity or unenforceability of any provision, ensuring that the rest of the agreement remains valid and enforceable. 6. Intellectual Property Rights: The agreement should address the ownership and protection of intellectual property rights, including copyrights and trademarks, to avoid any infringement or unauthorized use. 7. Dispute Resolution: Consider including provisions for dispute resolution, such as arbitration or mediation, and specifying the governing law and jurisdiction to handle any potential disagreements between the parties. By adhering to these guidelines, businesses can develop legally sound Shrink Wrap and Click Wrap Agreements that protect their interests while providing users with a clear understanding of their rights and obligations. It is essential to regularly review and update these agreements to comply with changing laws and industry standards, ensuring continued enforceability and validity.

Para su conveniencia, debajo del texto en español le brindamos la versión completa de este formulario en inglés. For your convenience, the complete English version of this form is attached below the Spanish version.