Digital Envoy Inc., v. Google Inc.,

Filing 220

Case 5:04-cv-01497-RS

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Exhibit C
Uniform Computer Information Transactions Act

Exhibit C

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h ttp ://www.law . upenn.edu/bll/ulc/ucita/2002final .htm

Back I WordPerfect Version I ASCII Version I PDF Version

UNIFORM COMPUTER INFORMATION TRANSACTIONS AC T

(Last Revisions or Amendments Completed Year 2042 )

drafted by the

NATIONAL CONFERENCE OF COMMISSIONER S ON UNIFORM STATE LAWS

and by it

APPROVED AND RECOMMENDED FOR ENACTMEN T
IN ALL THE STATES

at its

ANNUAL CONFERENCE MEETING IN ITS ONE-HUNDRED-AND-ELEVENTH YEA R TUCSON, ARIZONA
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ttp://www.law. upenn .edu/bll/ulclucita/2002finaLht m

(41) "License" means a contract that authorizes access to, or use, distribution, performance, modification, or reproduction of, information or informational rights, but expressly limits the access or uses authorized or expre ssly grants fewer than all rights in the information, whether or not the transferee has title to a li censed copy. The term includes an access contract, a lease of a computer program, and a consignment of a copy . The term does not include a reserv ation or creation of a secu rity interest to the extent the interest is governed by [Article 9 of the Uniform Commercial Code] . (42) "Licensee" means a person entitled by agreement to acquire or exercise ri ghts in, or to have access to or use of, computer information under an agreement to which this [Act] applies . A licensor is not a licensee w i th re spect to ri ghts re served to it under the agreement. (43) "Licensor" means a person obligated by agreement to transfer or create rights in, or to give access to or use of, computer information or informational ri ghts in it under an agreement to which this [Act] applies . Between th e provider of access and a provider of the informational content to be accessed, the provider of content is the licensor. In an exchange of information or information al ri ghts, each party is a licensor with respect to the information, informational rights, or access it gives . (44) "Mass -market license" me ans a standard form used in a mass-market tr ansaction . (45) "M as s -market transaction" means a tran saction that is : (A) a consumer contract; or (B) any other transaction with an end -user licensee if(i) the transaction is for information or informational ri ghts directed to th e general public as a whole, including consumers, under substanti al ly the same terms for the same information; (ii) the licensee acquires the information or informational ri ghts in a retail tran saction under terms an d in a quantity consistent with an ordinary tran saction in a retail market ; and (iii) the transaction is not : (1) a co ntract for redistribution or for public performance or public display of a cop yrighted work; (II) a transaction in which the information is customized or o therwise specially prepared by the licensor for th e licensee, other than minor customization using a capab i lity of the information intended for that purpose ; (III) a site license ; or (IV) an access contract . (46) "Merch an t" means a person: (A) th at deals in information or information al ri ghts of the kind involved in th e transaction ; (B) that by th e person's occupation holds itself out as having knowledge or skill pecu li ar to the relev ant aspect of the business practices or information involved in the transaction ; or (C) to which the knowledge or skill peculiar to th e practices or information involved in the tran saction may be attributed by the person's employment of an agent or broker or other intermediary th at by its occupation holds itself out as having the knowledge or skill .

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