Analysis Of Legal Effect Of Computer Software Final User Agreement

This article attempts ,through comparison analysis, case analysis, according to the contract law, the copyright law, computer software copyright legal and protection rule and consumer rights and interests protection law, to analyzes the legal effect of the software final user agreement and its certain typical provisions . The research goal is, through the discussion on legal effect of the software final user agreement provisions, to provide a framework to determine the legal effect of software final user agreement and its the concrete provision. Besides the foreword and the conclusion, this article divides into four chapters.In the first chapter, according to"the contract law ", as well as the contract related theory. the author analyzed the software final user agreement legal nature, obtained the conclusion that the software final user agreement is one kind of electronic standard contract. Simultaneously, through specifically analyzed the characteristic of the software final user agreement, the author also pointed out it's characteristic on the expression, the subject, the party and so on aspect.Second chapter, through analyzing some typical cases related software final user agreement provision potency in the American law and USA " unification computer information transaction law " (UCITA) , the author narrated the American court and the American legislation organization'attitude to " shrink-wrap " and " click-wrap" these two kind of most popular software final user agreement and its the change. After that, the author, from the angle to promote the Chinese software industry development and connect with international connected rails, discusses the necessity of Chinese to specificly prescribe the legal effect of software final user agreement and the essential conditions it to be enforceable.Third chapter, the author, for the balance of the efficiency and the fair on the software development, trade and the use, according to the characteristic of software final user agreement, proved the necessity to carry on the limit to the software final user agreement provision potency. Moreover, the author discussed the main causes the software final user agreement provisions to be invalid, and specifically analyzed the determination to the terms under which the party that supplies the standard terms excludes rights of the other party, exempts itself from liability, in the software final...