End User License Agreement

An end user license agreement, often referred simply as EULA for short, is a license that is included with most types of computer software. The end user license agreement essentially grants the end user, or buyer of the software, the right to use that particular software in a particular way. The end user license agreement is therefore a legally binding contract between the end user, or consumer, who will agree to specific terms of use and regulations imposed by the software company or producer, and the maker of that software.

The contract will oftentimes be presented in paper form, though the common practice has been to introduce the end user license agreement in the software itself, which will appear the first time the software is loaded into a particular computer prompting the end user to read and agree to the terms of using the particular product. The end user license agreement is provided by the software companies themselves, which does not require the end user to have to procure any kind of document as a contingency.

Rental Agreement vs. Lease Agreement

When an individual is searching
for an apartment to rent, it is important that he/she understands the
difference between a rental and lease agreement. Understanding the way in which
an individual’s contract operates is a vital aspect of renting or leasing property.

Though the terms rental
agreement and lease agreement are frequently used interchangeably, it is
important to note the various differences that exist between these two types of
contracts. The type of contract that an individual enters into will determine
the responsibilities and the rights that he/she possesses while he/she is held
to this contract.

In addition, these contracts range in regard to the
responsibilities and rights maintained by the landlord who is renting property
to a tenant.

A lease agreement is a type of contract that
regulates the relationship between tenants and landlords. A lease agreement
will last for a specified duration of time. In many instances, this period
lasts for one year, though this may vary substantially. While the contract is
active, both parties are required to adhere to all conditions detailed in the
contract. No alterations can be made to the contract while the contract is
active. Therefore, a landlord cannot choose to increase the cost of rent.

The conditions associated with rental
agreements are slightly different. For example, these contracts function as
month-to-month contracts. Every month, a tenant can choose to renew his/her
rental agreement or leave the property. In addition, once the month ends, alterations
can be made to the rental contract. Therefore, a landlord may decide to
increase the cost of rent at the end of every month.

Both rental and lease
agreements have beneficial and disadvantageous features.

Subcontractor Agreement vs. Contractor Agreement

In order to understand the difference between a contractor agreement and a subcontractor agreement, it is first important to understand the difference between a contractor and a subcontractor. In many instances, a business will hire a contractor to complete certain tasks or duties.

A contractor is not considered to be an employee. Instead, a contractor will act as an independent entity, performing certain tasks for the company. A contractor agreement is an agreement that exists between a company and a contractor that the company hires. This agreement will be documented in written form.

The document will outline all pertinent features of the agreement, including the tasks that are to be completed by the contractor, the time period that the contractor has to complete these tasks, and the compensation that the contractor will receive for his/her work.

In order to successfully complete the tasks outlined in a contractor agreement, a contractor may be required to hire a subcontractor. A subcontractor is an individual who is hired by a contractor to provide the contractor with goods or services necessary to complete the tasks specified in an existing agreement. A subcontractor will be hired by a contractor after the contractor has been hired by a company.

A subcontractor agreement usually exists between a contractor and a subcontractor. It outlines information similar to the conditions detailed in a contractor agreement. In most instances, the contractor will be responsible for compensating the subcontractor and the subcontractor is required to complete certain tasks for the contractor. Both a contractor and subcontractor work together to complete specified duties for a company or an individual.

Find Out the Types of Agreement Here

Subcontractor Agreement vs. Contractor Agreement

A contractor agreement is a written agreement that exists between a company and a contractor hired by that company to complete specified tasks. A subcontractor agreement exists between a contractor and a subcontractor, who the contractor hires to complete the tasks outlined in an existing contractor agreement.

Non-Compete Agreement

A non-compete agreement is a written contract created by an employer and signed by an employee. When an individual begins employment with a company, he/she may be required to sign this type of agreement. Subsequently he/she will be prohibited from acquiring employment with a competing company or a similar company for a specified period of time.

LLC Operating Agreement

When a group of individuals chooses to create and operate a Limited Liability Company (LLC), it is vital that they develop an LLC Operating Agreement. This is an agreement between all members involved in the company which details all pertinent information. An individual can locate an LLC Operating Agreement template online to help him/her develop an Operating Agreement.

Cohabitation Agreement

When two individuals decide to live together, they should consider creating a cohabitation agreement. A cohabitation agreement is a legally binding contract that outlines the personal and financial responsibilities of each party. In addition, it addresses how assets will be divided in the event that the couple decides to separate.

Trade Agreements

Trade agreements are contracts that exist between at least two countries in order to govern and regulate trade between these countries. The United States has established an individual free trade agreement with numerous different countries. These agreements act to reduce the existing trade barriers and promote trade.

Understanding the Terms of Acceptance

If there is a history of contractual relations between the two parties and the offeree does not comment on a proffered contract, their silent acceptance may be inferred from past history. However, a series of contracts must exist for this standard to be applied.

The terms of acceptance, such as requiring that acceptance be faxed or mailed to the offeror, may be laid out in the text of the offer. These are acceptable restrictions that can be placed on conditions of acceptance and are not considered to place an unreasonable burden upon the offeree. The acceptance must be returned in such a way that meets or surpasses the level laid out by the offerror.

If the acceptance is sent through the postal system, it is considered to be in effect as soon as the postage on it has been paid, whether it is delivered to the offeror or not. This is the case because the acceptor fulfilled a reasonable attempt to convey their acceptance. In addition, forcing the acceptor to ensure that the postal service completed delivery of the acceptance is seen as placing an unfair burden on the acceptor. The one exception to this “mailbox rule” is in contracts which specify that the contract is conditional on receipt of acceptance.

The acceptance must be made in a timely manner. If the offer does not give a deadline by which the contract must be accepted, the courts have decreed that the acceptance must still be in a reasonable amount of time. It is impossible for acceptance to be delayed forever.

Don’t Miss These Important Facts on Executive Agreement

Legal Context for Executive Agreements

Despite the name, an executive agreement is not meaningfully an aspect of contract law, at least according to the terms and conditions through which this legal category is usually understood, but rather of Constitutional law. More specifically, the “executive agreement” concept in U.S. law pertains to such varied matters as the ability to exercise control over the foreign policy of the country; more specifically in terms of its relationship to other nations through treaties and other documents and mechanisms and to the separation of powers between the different branches of the Federal U.S. Government.

This last concept constitutes a primary consideration undertaken by the U.S. Constitution, and accordingly applicable to the theories and debates as continue to this day, over the application of the United States’ foundational and essential, yet broad and ambiguous, document.

Application of Executive Agreements in U.S. Law

To further illuminate these points, it might be noted that an executive agreement is a treaty passed by the President of the United States with the government of another national jurisdiction and without the consent of the legislature of the United States. Presidents are said to have used the so-called “discretion” vested in their office when they make the determination of enacting an executive agreement and thus bypassing the necessity of relying upon the power of Congress. Moreover, an executive agreement could applicably be contrasted with a legislative-executive agreement.

Termination by Law At A Glance

There are several ways in which an offer can be terminated. The first way to terminate an irrevocable offer is for the offerree to reject the offer, either by denying it or by presenting a counter-offer. The second way is for a period of time laid out in the original offer to expire. If the offer states that it must be accepted by a certain time, but it is not, then the offer to provide agreement to the contract is considered terminated.

An irrevocable offer, or any other offer for that matter, can also become unenforceable in several other circumstances. If the party which offered the contract dies or becomes legally barred from entering into a contract, for instance due to mental incompetence, it will be deemed unenforceable. A contract can become void if a law is passed that would cause the contract to be contrary to statute.

Understanding Cohabitation Agreement

A cohabitation agreement is a type of legal contract that exists between two individuals who live together. This type of legal agreement functions to ensure that a couple residing within the same home are protected from legal proceedings and costs if they choose to separate in the future. A cohabitation agreement will detail the rights and responsibilities of both parties.

In many ways, this type of agreement is similar to a prenuptial agreement. It will detail the financial responsibilities of each individual. For example, a cohabitation agreement may indicate that each party is responsible for contributing equally to the financial responsibilities that arise throughout the duration of their cohabitation. These costs may include rent or mortgage payments, utilities, and groceries, just to name a few.

In addition, a cohabitation agreement will detail how property is to be divided in the event that the couple separates. This contract will list which assets are to be designated to each individual upon separation. This agreement is particularly important when considering assets that were purchased by both parties jointly.

Other factors that may be covered in a cohabitation agreement include the financial and personal responsibilities of caring for any existing children and the responsibilities of each party in regard to addressing debt.

Many couples who decide to live together do not consider a cohabitation agreement. However, this contract is important to ensure that the rights of each party are upheld in the event of an unforeseen separation.

What You Didn’t Know About Non Compete Agreement

A non-compete agreement is a type of agreement contract created by employers, which prohibits employees from being employed by competitors or similar companies. Prior to working for a company, an individual may be required to sign a non-compete agreement.

This agreement will usually outline how long the agreement lasts and to what geographical location the agreement applies. After an individual signs a non-compete agreement, he/she will not be permitted to work for competitors of the company.

There has been an extensive amount of debate surrounding non-compete agreements. For example, it prohibits an individual from seeking employment in a field that he/she has experience in, thereby significantly limiting his/her employment opportunities. These agreements are also very difficult to enforce.

An employer would need to know where his/her past employees were seeking employment, and subsequently take the legal action necessary to prevent them from being employed in these locations.

Despite the many concerns regarding non-compete agreements and the flaws associated with this type of contract, there are practical reasons for using them. For example, some companies maintain confidential client lists to which employees have access. In addition to these customer lists, employees also have access to marketing strategies, new products, and additional confidential information. If a former employee chooses to acquire employment with a competitor, he/she may reveal this information, thereby adversely impacting a company.

A non-compete agreement is considered to be a legally binding contract, as long as the conditions outlined within the agreement are reasonable.

Important Details on Service Level Agreement

Contract Law Context for Service Level Agreements

A service level agreement (SLA) is a kind of contract which sets the understood and legally bearing conditions, or level, for a certain specific kind of commercially offered and accessed service.

As with other kinds of contracts also passed in the commercial and business world, a service level agreement will necessarily involve at least two entities signatory to the contract and thus subject to its provisions, thereby establishing a legal relationship, as could be further used, upon claimed instances of violation or illegal modification thereof, to furnish the grounds for a process of civil litigation transacted in the U.S. legal system.

Identifying Service Level Agreements

A service level agreement must necessarily be identified in order for the correct application of U.S. contract law, in terms of those contracts passed which specifically designate one party to the document as being the customer and the other as being the entity furnishing a particular service to that customer. A third party contract, necessarily, is thus precluded from the language considered as applying to service level agreements.

Subjects for Service Level Agreements

Some of the functions which might be covered under service level agreements can be expected to comprise categories such as:

Priority

Obligation

Guarantee

Warranty

Different Service Level Agreement Types

A service level agreement might potentially comprise customer-based, service-based, multi-level, corporate-level, customer-level, and service-level service level agreements, as legal measures commonly applicable in such cases.

Agreement

Understanding A Rental Agreement

Read These Requirements of an Offer

End User License Agreement

Rental Agreement vs. Lease Agreement

Subcontractor Agreement vs. Contractor Agreement

Find Out the Types of Agreement Here

Understanding the Terms of Acceptance

Don’t Miss These Important Facts on Executive Agreement

Termination by Law At A Glance

Understanding Cohabitation Agreement

What You Didn’t Know About Non Compete Agreement

Important Details on Service Level Agreement

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