NET(net), Inc.

Do you need a helping hand? by jigordon
January 7, 2008, 11:00 pm
Filed under: book

OK, I admit that I’m an online junkie. I have my own websites (yes, more than one), pages on LinkedIn, Myspace, FaceBook, and dozens of others. One of the most interesting things to do on FaceBook is to take quizes. You get a score, then you compare your score to others. The vast majority of the topics are completely banal and are simply for fun. I saw someone take the online quiz format, however, and use it to encourage understanding as to whether more information was needed on a particular topic. Yes, it’s advertising. But it’s effective, as it helps you, in a fun way, to see how the offered product/service would be of benefit.

I would like to try this with respects to licensing and whether the Software Licensing Handbook would be something that would help you in your work life (as I don’t think anyone would want to admit that licensing is something for a person’s personal life). I hope you’ll forgive the blatant nature of this post. I’m going to make up for it with several other actually relevant posts. Here we go – without further ado, I present to you

The Software Licensing Handbook Quiz
I don’t have a cool interface, so grab a scrap a paper and a pencil and keep track of your answer choices. For those of you anal-retentive folks who want to write out the numbers first (like me), there are 10 questions.

1. In my day-job:

(a) I routinely (personally) buy/sell software products.

(b) I am a C-level exec.

(c) I am a professional contracts person.

(d) I am none of the above.

2. My educational background includes:

(a) A law-related degree (law/para-legal)

(b) A business-related degree (Bachelors or Masters)

(c) An English degree (as in reading/writing, not the language itself)

(d) Anything else.

3. You’ve been “into” software licensing issues for ___ year(s).

(a) 1

(b) 3

(c) 5

(d) more than I’d care to admit

4. In an average month, I read ___ new agreements (any kind of contract).

(a) 0-5

(b) 6-10

(c) 11-20

(d) more than my eyes can tolerate

5. Yes/No: I’ve written my own template license agreement from scratch (or close to scratch).

(a) Yes.

(b) No.

6. Yes/No: I own at least one other contract drafting handbook, manual or guide (by H. Ward Classen, Ken Adams, for example).

(a) Yes.

(b) No.

7. When negotiating, I am ______ successful on my contractual term desires.

(a) Seldom

(b) Sometimes

(c) Frequently

(d) Always

8. With respects to warranties, I would allow disclaimers for merchantability, non-infringement and fitness for a particular purpose.

(a) Yes.

(b) No.

9. When negotiating confidentiality language, there are ___ exclusions commonly used.

(a) 1

(b) 2

(c) 3

(d) 4

10. I prefer a __________ software license and an ___________ maintenance agreement.

(a) fixed-term, perpetual

(b) subscription, subscription

(c) subscription, perpetual

(d) perpetual, annual


For each question, match your letter answer with the associated point value in the list below:

1. a=4 , b=3 , c=5, d=2

2. a=3 , b=4 , c=4 , d=5

3. a=5 , b=4 , c=3 , d=2

4. a=5 , b=4 , c=3 , d=2

5. a=3 , b=5

6. a=5 , b=3

7. a=5 , b=3 , c=2 , d=4

8. a=2 , b=4

9. a=5 , b=5 , c=5 , d=1

10. a=5 , b=4 , c=5 , d=2

Now, add up the point values for each to get a total score:

49 – 40 : You would most likely benefit greatly from the Software Licensing Handbook.

39 – 30 : You’ve got some experience but the Handbook would still serve you well. Time to take the next career jump.

29 – 22 : You show some contract skills. Why aren’t you commenting on my posts?

<22 : Nice job. But I would like to know how you scored less than was actually possible.


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