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In Oregon, contract formation requires offer, acceptance, mutual assent and consideration. When a party is in breach of contract, the non-breaching party has specific remedies available.
Yes. Some applications (medical, nuclear technology, aircraft) actually require warranties, and rightfully so, so any software made for these fields typically comes with an explicit warranty. Custom software also usually comes with some kind of agreement regarding performance and reliability.
Warranties of software performance are typical in many contracts, in wihch the developer promises that the software will work the way the developer said it would and will fix it free of charge if it doesn't. Such warranties typically last from 90 days to one year after the software is delivered.
7 Elements of Valid Contracts: What to Include to Make Things LegalLegality: What Laws Will Apply?Capacity: Are the Parties Fit to Enter an Agreement?Offer: What Is Being Proposed?Consideration: What's in it For You and the Other Parties?Intention: Are the Parties Interested in Partnering Together?More items...?27-Aug-2021
5 Elements of a Legally Binding ContractThe Offer.Acceptance.Consideration.Mutuality of Obligation.Competency and Capacity.Other Considerations.Types of Contracts.Why Are Contracts Necessary?
Four common types of warranties are the express warranty, implied warranty, extended warranty, and special warranty deed. An expressed warranty guarantees that a product will meet certain conditions of quality and performance. An implied warranty is a warranty that guarantees that the product will function as designed.
A warranty is one of the most important contract provisions in a software contract. The warranty section deals with the performance of the software and what the licensor promises the software will or will not do.
Generally speaking, an EULA is a legally binding agreement between the owner of a product (often software) and the end-user more specifically a contract between the licensor of a product and the licensee.
A software warranty is a document, often a digital document provided as a file with a piece of software, which indicates any rights a user may have to replace a piece of software if it is damaged or faulty.