Reference no: EM131123581 , Length: word count: 1000
The CEO of UNFinished Business is proud of his company's latest video game, UNFettered Vengeance. Due to the presence of intense action and simulated violence in the game, the Legal Department has voiced its concern that the company needs to create a unique End-User License Agreement to protect the company's Intellectual Property, as well as to protect the company from future legal action. The CEO has directed you to create a draft of the UNFettered Vengeance EULA.
You are to complete the following tasks using the list of nine minimum EULA terms, conditions and limitations:
Create a draft of the EULA using the nine minimum clauses (terms, conditions and limitations)
• Your goal is to strike a balance between protecting UNFinished Business' Intellectual Property and the rights of end-users, as well as protecting UNFinished Business from future legal action.
• You may refer to the EULAs of other software products, but you may not simply copy and paste content from these EULAs.
Note 1: You MUST provide references to all EULAs referred to for this paper (at least one).
Note 2: Points will be deducted if EULA references are missing.
Add a tenth clause to the end of the EULA called Special Conditions (must have the tenth clause)
• You are to create a clever or humorous term, condition or limitation (see https://www.foxnews.com/tech/2010/04/15/online-shoppers-unknowingly-sold-souls.html )
Note 1: Extra points MAY be awarded for a truly clever or humorous Special Conditions clause.
Note 2: Papers WITHOUT a Special Conditions clause can earn no more than 70% of the Writing Assignment grade.
Requirement:
• 1000 words minimum
• Flesch Kincaid Readability level must be 14+
Recommended Minimum Terms, Conditions and Limitations
Most software companies utilize EULAs to protect their interests, as well as the interests of their software, but due to the diversity of software, a company may create a unique EULA for each of their software products. Since there are no regulations that dictate the types of terms, conditions, and limitations that can exist in a EULA, companies are free to create a EULA that best protects their interests.
A company should create a EULA that contains the following minimum terms, conditions and limitations:
1. Acknowledgement - Identify the parties involved in the agreement (owner and end-user).
2. Scope of License - Describe the accepted uses of the product, as well as any conditions, granted by the license. List all end-user limitations that apply.
3. Maintenance and Support- Describe the maintenance and support the owner is obligated to provide to the end-user. Describe the process the end-user must use to request maintenance or support.
4. Warranty- Describe the product's warranty, what is covered and not covered, as well as any conditions or limitations that apply.
5. Product Claims - Describe the process the end-user must use to make a claim against the warranty.
6. Intellectual Property (IP) Rights- Inform the end-user of their obligation to respect the owner's IP. Describe how instances of IP infringement will be investigated and settled within the scope of U.S. Intellectual Property laws.
7. Legal Compliance- Stipulate that the product may only be used where not prohibited or restricted by U.S. Government.
8. Developer Name and Address- Provide owner's contact information (i.e., name, address, telephone number, email address and website) to allow the end-user to ask questions, make complaints, request maintenance and support, or make a warranty claim.
9. Third-Party Subsidiaries- Identify all business partners the owner includes in the agreement. Describe third-party obligations and responsibilities with respect to the agreement. Describe how the third-parties benefit from the agreement.
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