UPS TECHNOLOGY AGREEMENT
Version UTA02012008
PLEASE CAREFULLY READ THE FOLLOWING TERMS AND CONDITIONS OF THIS UPS
TECHNOLOGY AGREEMENT. BY INDICATING BELOW THAT YOU AGREE TO BE BOUND
BY THE TERMS AND CONDITIONS OF THIS AGREEMENT, YOU HAVE ENTERED INTO A
LEGALLY BINDING AGREEMENT WITH UNITED PARCEL SERVICE GENERAL SERVICES
CO. ("UPS").
1. Definitions
2. License Grant
2.1 Scope
2.2 General Restrictions - UPS Materials and Software
3. Export Law Assurances
4. UPS Materials
4.1 Ownership of Intellectual Property Rights
4.2 Changes to UPS Materials and UPS Technology
5. Support Services
5.1 Support and Maintenance
5.2 Access to Proprietary Information
6. Suspension; Term and Termination
6.1 Suspension of Rights
6.2 Term
6.3 Termination
6.4 Effect of Termination
6.5 Survival of Terms upon Termination
7. Confidential Information, Trade Secrets, Information
7.1 Disclosure
7.2 Aggregation
8. Warranties
8.1 By Customer
8.2 Disclaimers
9. Limitation of Liability
10. Use of Name and Publicity
11. Notices
12. Miscellaneous.
12.1 Independent Parties
12.2 Waiver
12.3 Severability of Provisions
12.4 Assignment
12.5 Taxes
12.6 Governing Law; Jurisdiction and Language
12.7 Force Majeure
12.8 Remedies
12.9 Compliance with Laws
12.10 Data Practices
12.11 Non-Exclusivity
12.12 Entire Agreement; Amendment
12.13 Waiver: European Union Notices
12.14 NOTICE: Consent to Processing of Data
EXHIBIT A
DEFINITIONS- GENERAL TERMS AND CONDITIONS
----------------------
I signed up for a login for the ups.com website. To calculate
shipping charges and stuff like that. I was asked to agree to this
mammoth bunch of text represented above. I copied only the section
headers and yet it was still enough to scare away some of you before
you got to this point in my email.
I, like most people, read through the whole thing before agreeing.
... Most people do, right? ... No? Okay, well, nothing in there
appeared to be special to my untrained eye. The whole thing was "we
don't take responsibility" and "you can't sue us". Completely
boilerplate legalese.
So why do companies come up with this stuff?
When a company needs a public facing legal contract why don't they say
'we're covered by such-and-such license with the following
exceptions'? Like the GPL. Or the Common Economic Protocols. It'd
sure save a lot of time.
-todd
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