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Excerpts follow:
"Principal Financial Group and Prudential Insurance
Company of America want to alert you to UCITA (and)
opposition from 24 attorneys
general, numerous consumer groups, many large
and small licensees and from the American Law
Institute (ALI)...
UCITA would:
-
validate shrink wrapped (standard,
take-it-or-leave-it) licenses
-
allow vendor to threaten disruption of licensee's
critical systems through electronic "self-help" if
its demands were not met; whether vendor may
waive right to self-help is questionable
-
impose new uncertainty regarding the duration of
licensee's right to use licensed software
-
change commercial practice through new default
rules as to number
of permitted users under license
-
place unreasonable burden on licensee to
discover defects during an evaluation (thereby
subjecting user to licensor's contract terms)
-
limit vendor's implied warranty of
non-infringement to US usage, even for
worldwide licenses
-
restrict "perfect tender" rule to narrowly defined
"mass market" transactions
"
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