nue generated bylicensed software and determining the rights and responsibilities of theparties regarding the performance of the licensed technology. Issues relatedto these functions include the applicability of Article 2 of the UniformCommercial Code, including offer and disclaimer of warranties, determining theappropriate types of licenses to utilize, such as single users/CPU licenses,Site/enterprise licenses and network/concurrent licenses.Trade secret, copyright and patent law are static forms of protection in thesense that they may exist independently of any underlying business transactionsand do not necessarily require any transfer of intellectual property from oneparty to another. Whereas, the need for a license agreement usually arises asone of the contractual forms of protection when the underlying businesstransaction involves the transfer of intellectual property, such as computersoftware. Transactions involving the transfer of computer software are subjectto both federal and provincial laws. Generally, provincial law governscontractual and trade secrets aspects of the transaction, while federal lawgoverns aspects related to patent, copyright and antitrust issues.Each province has its own version of a trade secret, the common thread throughthese province-specific laws is that if you show that you are seriously treatedinformation as confidential and that the confidential information helped yourcompetitive position, you can stop others from using it if the information wasimproperly acquired by them, and even collect damages from the wrongdoers.A computer is useless without software. The two types of software typicallyfound on a computer are operating systems software and application software.Operating system software provides an interface that makes it easier to developprograms for the system by reducing the amount of code that must be written.The operating system acts as an interface between the computer hardware,applicat...
