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Harvard University Library

Harvard Libraries

ACRL Pre-Conference Workshop:
Understanding the Licensing Landscape
Chicago, IL, Friday, July 7, 2000

Workshop Slides
Glossary of Legal Terms

Breach Violation of or failure to comply with the contract terms.

Contract of Adhesion A 'shrink-wrap' or similar license enclosed or included with a product and which is held to be accepted when the product's packaging is opened.

Disclaimer Disavowal of a legal claim or responsibility in order to preclude liability for a given action, condition or circumstance.

Force Majeure An event or occurrence that cannot be prevented or controlled, such as a war or natural disaster.

Indemnify To compensate or protect another party against damage, loss, penalties, or financial obligation.

Liability Legal or financial responsibility for any condition or action.

Licensee The named individual or organization to whom a specific grant of rights has been made by contract.

Licensor The named individual or organization which has the authority, by virtue of ownership or assignment of rights, to grant to another party the right to use or access specific goods or services.

Manifest Assent The legal principle which holds that use of a product or service constitutes acceptance of unilateral contract terms if the person using the service had reason to know that such use would be considered an agreement to be bound by those terms.

Severability The splitting off of a portion of a contract (e.g., a provision held to be legally invalid) without affecting the enforceability or legal effect of the remaining provisions.

Third Party Any individual, organization or entity other than the Licensee and Licensor, such as users and suppliers, not legally bound to the contract.

Waiver Relinquishment of a known right, claim or privilege.

Warranty A guarantee of the integrity of a product and the good faith of its maker or provider, usually accompanied by a specific obligation to remedy or provide restitution for any failure to perform as indicated.

This page was last updated on 12.20.2001.

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