In the fourth part of this series on decoding EULAs, we move onto limitation of liability. As discussed previously, the EULA is the agreement containing the terms the user of a software program agrees to abide by in using the software. To start with we will review a limitation of liability I recently saw in
In the third part of decoding EULAs, we focus on support terms also known as updates or modifications. As discussed previously, the EULA is the agreement containing the terms the user of a software program agrees to abide by in using the software. Below are examples, that have been included in recent software agreements:
Software has become an integral part of the construction world and its use is only growing. There are hundreds of software providers for project management systems, estimating, schedule tracking, BIM, accounting, project portal, dropbox, cloud service providers, the list goes on and on.
Typically, users of software are handed a lengthy agreement and asked to click their consent to the terms. We have all seen this type of agreement; anyone with a cell phone has likely absentmindedly agreed, with a click, to each software update. The writing is small. The lines are spaced close together. It goes on for page, after page, after page. The only distinguishing feature is occasionally the words are in all CAPS which feels bad-mannered and impolite. Frankly, the first paragraph, if one gets that far, is enough to cure all insomniac tendencies one may have in a matter of seconds. These agreements are typically called End User License Agreements (EULA) and are the terms the user of a software program agrees to abide by in using the software.
There is a lot of important information hidden in all that small writing, such as: where a dispute is litigated (not always your home state); non-assignment without consent (i.e. if the software division or your company is purchased by another, you are required to update the terms of the agreement); indemnification; payment terms; termination; confidential information; etc. That said, I believe there are the big four to be aware of: 1) scope of license; 2) support, aka updates/modifications; 3) security; and 4) limitation of liability. This article and the three to follow will expand on these four concepts. First, understanding the scope of your license and usage rights.
PART 1 – SCOPE OF LICENSE
Licenses come in all shapes and sizes. The license can……
After having successfully recovered, borrowed, or assessed funds for the repair of damaged buildings, an owner, property manager, or homeowners association (I’ll use the term “Owner” in this piece for brevity) must shift gears, and determine how most wisely to spend those funds. The Owner may not have experience with significant construction projects, and likely must rely on outside expertise for management of reconstruction.
- Continuation with Forensic Consultants
If the Owner engaged a forensic analyst to study the damage, continuing a relationship with that analyst through the construction project usually makes sense. The analyst can be hired to continue assistance in a number of capacities: convert its recommended repairs to formal construction drawings, review and administer construction through completion, or provide peer review and comment on the work of others. The Owner should confirm with the analyst up front whether it has that capacity and expertise to perform these functions, and meet with the personnel at the firm who would be assigned such duties.…
Jacob Zahniser Presents “Top 10 Rules of Risk Management” and Serves on Legal Panel
Home Builders Association of Metro Portland | Contractor Business Management Series – Session I
9:00 AM – 3:00 PM
Lake Oswego, Oregon
The all-new Contractor Business Management Series consists of three sessions focused on core areas of business management to help sharpen your skills. Whether you’re thinking of starting a business or are a newer owner and manager these courses will improve your knowledge and refresh your memory. The Contractor Business Management Series is specifically tailored for the construction industry and is perfect for builders, remodelers and subcontractors who own, manage, or hope to own in the future.
Topics included in this course:
Top 10 Rules of Risk Management – Jacob Zahniser, Ball Janik LLP
Understand how your day-to-day business practices can help you avoid litigation
Learn how to work with your business partners, vendors, and subcontractors to set expectations
Understand how to identify and mitigate risks early in your projects