Support Contractual Requirements (e.g., Intellectual Property Ownership, Code Escrow, Liability, Warranty, End-User License Agreement (EULA), Service-Level Agreements (SLA)) CSSLP Practice Questions (Page 1)

Questions 1–5

1. 1application · medium

   A company hires an independent contractor to develop a custom internal tool. The contractor uses some open-source libraries and writes original code. The company wants to ensure it owns the custom code so it can modify and sell it later. The contractor claims they own the code they wrote. Which action should the company have taken to ensure its ownership?

   • ARely on the fact that the company paid for the development, which automatically grants ownership of the resulting code.
   • BEnsure the contractor signs a non-disclosure agreement (NDA) before starting the project.
   • CInclude a written 'work made for hire' clause in the contract, or an explicit assignment of all IP rights in the custom code to the company.
   • DRequire the contractor to include a copy of the open-source licenses in the final deliverable.
   Reveal Solution Discussion Select an answer first
2. 2foundation · easy

   Which of the following is an example of an express warranty in a software license agreement?

   • AThe software is fit for a particular purpose the buyer has in mind
   • BThe software is merchantable and of average quality
   • CThe software will perform substantially in accordance with its documentation for 90 days
   • DThe software does not infringe on any third-party intellectual property rights
   Reveal Solution Discussion Select an answer first
4. 3foundation · easy

   In a contract for custom software development, which clause is most likely to specify that the customer will own the newly created source code?

   • AConfidentiality clause
   • BTermination clause
   • CLimitation of liability clause
   • DIntellectual property ownership clause
   Reveal Solution Discussion Select an answer first
5. 4foundation · easy

   In a software development contract, which type of intellectual property is most directly associated with the specific code, algorithms, and user interface elements that make up the software product?

   • ACopyright
   • BTrademark
   • CTrade secret
   • DPatent
   Reveal Solution Discussion Select an answer first
6. 5application · medium

   A company is negotiating a contract with a software vendor. The vendor's draft includes a clause stating that the vendor's liability is limited to the amount paid for the software, and that the vendor is not liable for any indirect, incidental, or consequential damages. The company's legal team is concerned about this clause. Which action is the most appropriate for the company to take?

   • AAsk the vendor to remove the limitation of liability clause entirely.
   • BNegotiate to exclude certain types of damages from the limitation, such as damages from a data breach caused by the vendor's negligence.
   • CAccept the clause as-is because it is a standard industry practice and cannot be negotiated.
   • DRequest that the vendor increase the cap to 10 times the amount paid for the software.
   Reveal Solution Discussion Select an answer first