Copyright Act: 17 U.S.C. �� 101 et seq. - Federal law governing copyright protection of original works, including software. Essential for defining intellectual property rights and protection in the license agreement.
Digital Millennium Copyright Act (DMCA): Federal law that criminalizes production and dissemination of technology designed to circumvent digital rights management. Relevant for software protection measures and anti-circumvention provisions.
Computer Fraud and Abuse Act (CFAA): Federal law that addresses computer-related offenses. Important for defining unauthorized access and use of software.
Federal Trade Commission Act: Regulates unfair or deceptive practices in commerce. Relevant for ensuring fair licensing terms and accurate representation of software capabilities.
Export Administration Regulations (EAR): Federal regulations controlling the export and transfer of certain commercial technologies. Must be considered for international usage restrictions.
Americans with Disabilities Act (ADA): Federal law requiring accessibility for disabled persons. Applicable if the software is public-facing or used in public accommodations.
Uniform Commercial Code (UCC): State-adopted uniform law governing commercial transactions, particularly Article 2 relating to sales of goods. Relevant for commercial software licensing.
State Consumer Protection Laws: Various state-specific laws protecting consumer rights. Must be considered for B2C software licensing.
State Data Privacy Laws: State-specific regulations governing data privacy and protection, such as CCPA in California. Important for software handling personal data.
HIPAA: Health Insurance Portability and Accountability Act - Federal law governing healthcare data privacy. Must be considered if software handles protected health information.
GLBA: Gramm-Leach-Bliley Act - Federal law governing financial data privacy. Relevant for software handling financial information.
FERPA: Family Educational Rights and Privacy Act - Federal law protecting student education records. Applicable for educational software.
License Grant Terms: Essential contract provisions defining scope of use, territory restrictions, user limitations, and term/termination conditions.
Intellectual Property Provisions: Contract sections covering copyright protection, patent rights, trademark usage, and trade secret protection.
Warranties and Disclaimers: Contract provisions defining express warranties, implied warranties, warranty disclaimers, and limitation of liability.
Technical Requirements: Contractual obligations regarding security, maintenance and support, updates/patches, and technical specifications.
Data Protection Requirements: Provisions covering data handling, privacy policies, security measures, and breach notification requirements.
Compliance Requirements: Contract sections addressing export control compliance, industry-specific compliance, and record-keeping requirements.
