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A software access contract is not breached by changes by the licensor in the content of the information licensed if the change does not conflict with express terms of the license contract.

A) True
B) False

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Andy has entered into an agreement whereby he can make limited use of software that will remain stored at the licensor's site.Andy accesses the software over the Internet when he needs to use it,but does not store the software on his own computer.Andy uses this software three or 4 days a week,and usually has no problem,but on some occasions the licensor's computer is down and Andy cannot access the software.Based on the above,which of the following is true?


A) Andy can get out of the contract because the inability to access the software is a material breach whereby he is not getting the benefit of the bargain.
B) If the periods the computer is down are considered normal in the industry,there has been no breach.
C) This is considered a breach of the warranty of noninterference.
D) The downtime of the computer is not a breach only if it is scheduled in advance and Andy is given notice of it.

E) A) and C)
F) A) and D)

Correct Answer

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What is the legal significance of a confirmation letter in a contract covered by the Uniform Computer Information Transactions Act?


A) It eliminates the authentication requirement for contracts involving less than $5,000.
B) It eliminates the authentication requirement for all contracts involving $5,000 or more.
C) It eliminates the authentication requirement for contracts involving $5,000 or more if both parties are merchants.
D) It requires that a confirmation letter be sent in addition to the authentication requirements in all contracts involving $5,000 or more.

E) C) and D)
F) A) and D)

Correct Answer

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John works for a company that provides computers and access to a service provider that provides access to the Internet,as well as an e-mail address for all employees.While at work,John often accesses the e-mail account that he uses at home.John's employer would like to access John's e-mail to see if he is using company time for personal purposes.Which of the following is true?


A) The company must get a search warrant before it can access any of John's stored e-mail.
B) The company can have access to e-mail stored at John's work e-mail address,but not that stored at the e-mail address he usually accesses from home.
C) The company can have access to e-mail stored at either location if the e-mail at the address he accesses from home was sent or received during John's time at work.
D) The company cannot access any of John's stored e-mail unless it obtains the assistance of law enforcement personnel and obtains a search warrant.

E) A) and B)
F) A) and C)

Correct Answer

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Of the following,which celebrity(ies) was/were successful in recovering under the Anticybersquatting Consumer Protection Act from someone who improperly obtained an Internet domain name?


A) Julia Roberts.
B) Sting.
C) Both A and B.
D) Neither A nor B.

E) B) and C)
F) None of the above

Correct Answer

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An intellectual property licensing arrangement is a method used to transfer certain rights of use,but not ownership,of intellectual property.

A) True
B) False

Correct Answer

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Do you agree with the provisions of the Anticybersquatting Consumer Protection Act? Should alert individuals who purchase valuable domain names be able to sell them to the highest bidder? If so,in all circumstances or only in certain circumstances?

Correct Answer

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Most people believe (and the law allows)...

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Counteroffers are effective against electronic agents.

A) True
B) False

Correct Answer

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Which of the following statements is true about the Internet?


A) It was begun in the 1970s.
B) It was started by the National Aeronautics and Space Administration.
C) It had more than 1,000 computers connected by 1980.
D) Its original purpose was to develop communications for military and national defense purposes.

E) B) and D)
F) All of the above

Correct Answer

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Under the Uniform Computer Information Transactions Act,the licensee can revoke acceptance of the information if:


A) There is a material breach and discovery of the nonconformity was difficult at the time of delivery but was later discovered.
B) There is a breach of any kind and discovery of the nonconformity was difficult at the time of delivery but was later discovered.
C) There is a material breach,and after discovering the nonconformity at the time of delivery,the licensor agreed to cure the defect,but has not done so.
D) There is a breach of any kind,and after discovering the nonconformity at the time of delivery,the licensor agreed to cure the defect,but has not done so.
E) A or C will allow the licensee to revoke acceptance.

F) C) and D)
G) A) and B)

Correct Answer

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Under the Uniform Computer Information Transactions Act,consumers are held responsible for electronic errors,such as ordering more copies than intended,if there was a confirmation procedure and the consumer erroneously confirmed the incorrect quantity.

A) True
B) False

Correct Answer

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True

Which of the following is true about the provisions of the Uniform Electronic Transactions Act?


A) A notarization or acknowledgment can be accomplished with an electronic signature of the authorized person so long as all of the information required in the authorization or acknowledgment is provided.
B) The Act's primary goal is to place electronic signatures at a higher level than manual signatures.
C) The Act includes several modifications to the rules of offer and acceptance if the contract is negotiated electronically.
D) Although ordinary signatures can be replaced with electronic signatures,notarized signatures must still be executed manually.
E) Its provisions apply only to transactions involving the transfer of rights to the use of information.

F) D) and E)
G) B) and C)

Correct Answer

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In order to be authorized to be a domain name registrar,the registrar must agree to use an arbitration procedure for resolving cybersquatting disputes.

A) True
B) False

Correct Answer

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Which of the following is true about impracticability under the Uniform Computer Information Transactions Act?


A) Performance is not excused under the Act due to impracticability.
B) Even when nonperformance is excused due to impracticability,there is a breach of contract.
C) When the existence of impracticability is not subject to reasonable dispute,no notice is necessary to the other party.
D) When a party receives notice of impracticability from the other party,the party receiving the notice can choose to terminate the contract and be discharged from any duties related to the unperformed portion.

E) C) and D)
F) A) and B)

Correct Answer

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Under the Uniform Computer Information Transactions Act,when an offer is conditioned on agreement by the other party to all of the terms of the offer,varying the terms in a purported acceptance may still create an acceptance.

A) True
B) False

Correct Answer

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False

In a software or information access contract,which of the following is true?


A) Occasional failures to have access to the information are not breaches if they are normal in the business,trade,or industry.
B) Occasional failures to have access to the information are not breaches if they result from planned downtime.
C) The information to be accessed is updated periodically in many contracts.
D) A and B only.
E) A,B,and C.

F) None of the above
G) B) and E)

Correct Answer

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Which of the following is true about the Uniform Computer Information Transactions Act?


A) It became law in all 50 states in 1999.
B) The Act is the exclusive source of law for the transactions that it applies to.
C) It establishes a uniform set of rules that governs the creation,performance,and enforcement of computer information transactions.
D) State trade secret law could not apply to a contract covered by the Act.

E) B) and D)
F) A) and D)

Correct Answer

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When contracting with an electronic agent,a contract can be formed even though the content of the purported acceptance would constitute a counteroffer if dealing with a live agent.

A) True
B) False

Correct Answer

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The Electronic Communications Privacy Act protects electronic communications while they are in transit as well as when they are stored.

A) True
B) False

Correct Answer

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The two specific provisions of the Telecommunications Act of 1996 that the American Civil Liberties Union objected to in its 1996 challenge to the Act were the:


A) "Indecent transmission" provision and "parental control" provision.
B) "Patently offensive display" provision and "sexual deviant" provision.
C) "Indecent transmission" provision and "patently offensive display" provision.
D) "Patently offensive display" provision and "latent offensive display" provision.
E) "Indecent transmission" provision and "prevention of obscene domain names" provision.

F) A) and B)
G) B) and C)

Correct Answer

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C

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