A good contract documents the requirements, responsibilities, and price of the project, which, hopefully, means that the parties have discussed and agreed on many key aspects of their working relationship and the end product. This process and the resulting document (the contract) should be useful if disagreements arise during the course of the development effort (and afterward). A verbal agreement is extremely difficult, if not impossible, for a court to enforce.
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If you find a mistake in your proposal or offer before it has been accepted, withdraw it immediately! Indicate that you will resubmit. Technically, once an offer has been accepted, you (or the other parties) are obligated to perform. If you find a mistake in a proposal submitted to you, you may accept it and hold the parties to perform. However, that may become a "win-lose" scenario, which can quickly evolve into a "lose-lose" for all involved. It is usually better to negotiate out of those situations-if the other side has requested a favor (by correcting a mistake in their proposal or offer), you can request a reciprocal favor from them since they have, in effect, reopened the negotiation.
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The contract should specify the terms under which it may be cancelled. If any party cancels outside of (or without) such terms, they may rightfully be subject to suit by the other parties.
Lab 7.2 Self-Review Answers
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It is not illegal to link to another Web site without their permission. It may be bad netiquette, depending on the situation, but it is not illegal. Just be sure that you comply with any terms given on the "linkee" Web site, if there are any terms. And do not make it appear that the contents of another Web site are actually the contents of yourWeb site (as in a "frame"). Use your common sense-if you would object if the positions were reversed, expect them to feel the same way.
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Unless it is otherwise specified in an employee's employment contract, the employer usually owns the copyright to anything produced by the employee in the course of doing the job the employer pays them to do. This is called "work for hire" or "work product."
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If you own a trademark, you must protect it to keep it valid. Unprotected trademarks lose their effectiveness when other users dilute their original meaning and value.
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The Coca-Cola trademark is one of the most recognizable trademarks in the world and, like any other trademark, should not be used on a Web site without the permission of the trademark owner. There are manyother ways to add color to your Web site-a court would believe that you were trying to leverage someone else's trademark, not just add color. Coca-Cola would probably recover some damages from you for the damage done to their trademark.
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Borrowing content without permission is very risky unless you knowthat something is in the public domain. Copyright owners have a right to recover damages from you for use without permission.
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Just as you cannot use someone's trademark on the visible part of your Web site without permission, so are you also barred from using that trademark on the "invisible" part of your Web site, like a meta tag. Inappropriate use is inappropriate use. Expect a lawsuit when you are discovered.