What is UCITA?
A Commercial Code for the Information Age
The Uniform Computer Information Transactions Act (UCITA) is a uniform commercial code for software licenses and other computer information transactions. UCITA puts information age industries on a par with the sellers of goods by codifying the legal rules applicable to contracts for their products.
It plays the same role for software licenses that the Uniform Commercial Code plays for the sale of goods. Just as the UCC has been the backbone of commercial law in the manufacturing age, so will UCITA be the backbone of commercial law in the information age.
Can parties still write their own contract?
Yes. Like the UCC, UCITA is a set of default rules - in general, parties are free to agree to the terms that they wish. UCITA fills in the rules on issues they do not address, as well as mandating some rules that the parties may not vary, typically rules intended to protect consumers, mass market licensees, etc.
What kinds of contracts does UCITA cover?
UCITA provides legal rules for agreements covering all kinds of computer information, such as standard software licenses, contracts for the custom development of computer programs, a license to access an online database, and a website user agreement.
What does UCITA say?
UCITA addresses all the standard contract issues that the UCC addresses for the sale of goods, including provisions relating to offer and acceptance of contract terms, warranties, transfer of contract interests, the rights and obligations of the parties in the case of a breach of the contract and applicable remedies. It also includes rules on new issues relating to electronic contracts.
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Keywords: UCITA, Uniform Computer Information Transactions Act, Uniform Commercial Code, UCC, software
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Comments & Reviews:
Posted by andydman67 from Nashville on 03/09/11While I am certainly no apologist for the computer companies, it is obvious that some uniform code needs to be enacted AND that code needs to be designed in a way very friendly to the consumer. The general public is not going to understand the intricacies of a shrink wrap contract, however they can’t continue to use “ignorance of the law” as an excuse detrimental to the software providers. You don’t get anything for free in this world and if you want good and services, you should realize your own obligations in receiving them.