http://productivegeek.com/forums/ The Geeky Way to Get Things Done en Thu, 09 Sep 2010 04:27:35 +0000 http://productivegeek.com/forums/topic/portable-software-vs-classic-software#post-206 Tue, 29 Dec 2009 21:57:32 +0000 mattl75 206@http://productivegeek.com/forums/ <p>Hi everybody,</p> <p>We know all the advantages of portable versions and almost every software has its (official or not) portable version.</p> <p>What I'm wondering is why we SHOULDN'T use portable versions, in other words why everybody keeps using classic installer version?</p> <p>Thanks </p> http://productivegeek.com/forums/topic/software-development-agreement-dissected-and-explained#post-1151 Mon, 25 Jan 2010 17:32:17 +0000 cat 1151@http://productivegeek.com/forums/ <p>Software Development Agreements (also guised simply as “Consulting Agreements” or “Contractor Agreements”), like most agreements, are riddled with terms and conditions that are unfamiliar and drafted with too much legalese and not enough plain English. In an effort to look out for the little guy (i.e. the small start up or consultant), let me take this opportunity to identify key provisions common to Software Development type agreements and dissect them for you. </p> <p>You will be faced with having to read and sign one of these if you are a consultant providing software/application development services for a client. Note that these provisions may be common to the standard consulting or contractor agreement, so you may benefit even if you are a consulting providing differing services. Now, the purpose of these agreements is to establish legal rights and obligations between you, as the expert consultant, and the client in advance and ensure that the parties define what each is getting out of the deal and establishing how to handle disputes, if one arises. </p> <p>Breaking Down Key Parts of the Agreement- Part 1:<br /> • <b>Definitions Section</b>: Don’t ignore this section, as many people often do. This section defines the meaning of key terms in the agreement, such as, “Software”, “Deliverables” or “Confidential Information”. You don’t want to agree to more than you have to so make sure you review it and find it acceptable as it is used in the agreement.<br /> • <b>Scope of Services or Statement of Work</b>: Depending on how the agreement is structured, the scope of work may be outlined in the body of the agreement or appended as a separate Statement of Work document. Ok, this section is where you need to be nit picky. So strike language that is vague or broad. You are required to deliver what is outlined in this section, so assume the burden of clearly defining the deliverables. Flush out requirements that begin with words like “Assist with”, “Support”, “Lead” or “Develop and conduct”. Once you have the deliverables set out, outline what the specific tasks are for each deliverable. The following should be clear to a third party reading the scope of work:<br /> 1- What specifically are the deliverables?<br /> 2- What are the tasks under each deliverable?<br /> 3- Does the consultant 100% own each task and deliverable? Does the consultant have to rely on information, materials, data, resources, etc. from the client in order to satisfy any task or deliverable?<br /> 4- What are the due dates for each task and/or deliverable? Are they firm due dates, anticipated due dates or expected due dates w/ a no later than date?<br /> 5- Is there an acceptance criterion for each task and/or deliverable? Is it subjective or objective? If there isn’t an acceptance criterion, I would simply state something like “Client will be deemed to have accepted deliverables within 3 days of receipt of deliverables”.<br /> • <b>Term and Termination</b>: Not much to the term of the agreement. As for termination, pay attention to the rights of when the client can unilaterally terminate. Make sure that you include language that states that in the event of termination, other than for material default, you will be paid for work performed. You should also include language that carves out your rights for unilateral termination in the event that client fails to timely pay you.<br /> • <b>IP Ownership</b>: Who owns what you create? Employers own IP created by their employees, unless there is an agreement to the contrary; however, this logic does not apply in the contractor relationship. And the concept of “I own it because I paid for it” does not automatically apply in these relationships. Ownership will be covered in a Software Development Agreement. Make sure that you are clear on who owns what. I would take steps to define what the client will own and avoid general, broad statements like “all and all works of authorship, including without limitation, deliverables, materials, data or software”.<br /> • <b>Warranty Provision</b>: Warranty provisions can vary greatly. You don’t want to warrant beyond what is within your reasonable control or in excess of what you can warrant. These are the warranties that I would agree to make:<br /> 1- Warrant that services/deliverables will be provided in a professional, workmanlike manner;<br /> 2- Warrant that services/deliverables will materially conform with requirements; and<br /> 3- Warrant that services/deliverables will not infringe on third party rights.<br /> I would refrain from agreeing to warranties that state “fit for Client’s purpose” or “free from defects in design or material”.<br /> • <b>Warranty Remedies</b>: This provision is tied to the above provision. We are talking about what you will do to remedy breach of any of your warranties. I would limit remedies to what you can actually provide. I suggest that you agree to correct non conforming services/deliverables and cap that to a period of time (i.e. 90 days) and in any event, if you can correct, then refund the amount associated with non conforming service/deliverable. </p> <p>In the interest of not having this article read like an actual contract, I will break this article into 2 parts. I will post a part 2 to this article shortly that covers the remaining common provisions of a Software Development Agreement. To be continued… </p> http://productivegeek.com/forums/topic/adobe-cs5-launch-the-creative-suite-feature-run-down#post-1690 Mon, 12 Apr 2010 16:49:30 +0000 alexward1981 1690@http://productivegeek.com/forums/ <p>With the recent release of the 40 minute video from Adobe promoting their latest creative suite, CS5, I decided to compile the greatest features on offer to web designers and developers. You can view the article on Digital Fusion: </p> <p><a href="http://www.digitalfusionmag.com/blog/software/adobe-cs5-launch-the-creative-suite-feature-run-down">http://www.digitalfusionmag.com/blog/software/adobe-cs5-launch-the-creative-suite-feature-run-down</a></p> <p>Hope you find it an interesting read </p> http://productivegeek.com/forums/topic/onlinewindowsiphone-task-management#post-1456 Sun, 14 Feb 2010 02:01:17 +0000 c.barber78 1456@http://productivegeek.com/forums/ <p>Hi all<br /> I was wondering, as far as todo apps go, are there any apps that are superior to Toodledo? iPhone integration is important to me, so the main 2 I am considering at the moment are RTM and toodledo, however RTM doesn't have subtasks which I believe would be useful?<br /> Thanks </p> http://productivegeek.com/forums/topic/the-software-license-agreement-or-eula-dissected-and-explained#post-268 Fri, 01 Jan 2010 11:27:13 +0000 cat 268@http://productivegeek.com/forums/ <p>We’ve all come across the End User Software License Agreement (“EULA”) (also called “software license agreement”) at one point or another and most of us simply disregard it. Let’s face it, as a consumer, we have very little to no leverage with these types of agreements and we must simply accept them or choose not to purchase, download or use the licensor’s product. And most of us simply accept EULAs without a second thought, but I think it’s good to understand what you’re signing up for and accepting.<br /> [attach=327d1abb6cf0a7ed]<br /> EULA is a software license agreement between a licensor/author and an end user of computer software whereby the end user obtains a license to use the product under certain terms and conditions. EULAs come in different forms such as a “click through” (digitally click to accept) or “shrink wrap” (found inside software products that you purchase), but the terms are all generally similar.<br /> [attach=91f91947cea7049a]<br /> The key provisions that impact you as a licensee/end user and what it means:</p> <p>1. Grant of License: This provision tells you what type of license right you are getting and restricts your right to use the product to those specifically defined rights. You will find that most licensor’s of computer software grant to end user’s a personal, non exclusive and non-transferable license to use the software. This means, you are not permitted to share, sell, distribute or sublicense. You may be permitted to make a copy for backup purposes, but any such copies must contain an IP legend of the licensor and again, no sharing.</p> <p>2. License Restrictions: This provision lists out everything you cannot do with the computer software. You can assume here, that you are basically prohibited from doing anything outside of what your license grants, including anything that jeopardizes the licensor’s IP rights or rights to monetize.</p> <p>3. Ownership: This concept is everywhere throughout the EULA, but emphasized further by its own section. Just remember, that you are only obtaining the right to use. Even if you are paying for computer software, you don’t own it—you are simply purchasing a limited, non exclusive, non transferable license to use it.</p> <p>4. Right to Audit and Termination: This provision isn’t typically called out and is often buried somewhere. It gives the licensor, the right to audit your use. If you violate the terms of the EULA, the licensor retains the right to be compensated and further retains the right to terminate your license with or without notice.</p> <p>5. Limited Warranty and Disclaimers: This provision always gives me heartburn. In this provision, the licensor disclaims<em> any and all warranties</em> and specifically states that the product is being provided “as is”. All the CAPITAL and &lt;b&gt;bolded &lt;/b&gt;words in this provision basically means one thing, and that is, if sh*t blows up, then too bad for you. The licensor typically warrants nothing, including in many instances, warranty against non-infringement.</p> <p>6. Exclusion of Damages: This is where the licensor caps its liability by strictly excluding out damages/loss for any type of consequential, indirect, special damages (including loss of profits) arising out of your use of the product for any reason whatsoever. Here, we are talking about foreseeable damages arising out of the consequence of the initial act giving rise to injury. So if you install a program and it destroys your laptop, then direct damages would be the cost of your laptop and consequential damages may be loss of your income from destruction of your laptop.</p> <p>7. Limitation of Liability and Remedies: While licensor's will disclaim everything and cap their liability, they will often times want to have you agree to a set remedy for whatever damage you may incur for use of their product. Setting a remedy in advance like this is good for the licensor and lets them understand and factor in the cost of their maximum liability to you. Don’t hold your breath. Typically, the remedy you will agree to for any damage you may incur for whatever reason will be capped to either replacing the product, refund the purchase of the product or some nominal dollar value.</p> <p>If you were able to get through this article, then you won’t be shocked to know that the goal of the attorney drafting the EULA is to put in place “belt and suspenders” type protection for their clients and they do a pretty good job. While these provisions are harsh for the end user, the majority will not have to think twice about the EULA. And despite the unfavorable terms of the EULA to you, if you sustain damages/loss resulting from use of computer software, then depending on the facts you may be able to obtain remedies outside of the EULA under various legal theories. Hopefully, you will never have to experience the dreadful process of filing a claim, which I can’t help with… but I hope I’ve helped you through the dreadful process of reading the EULA! </p> http://productivegeek.com/forums/topic/best-64-bit-software-for-windows#post-498 Wed, 13 Jan 2010 07:39:02 +0000 Kryfer 498@http://productivegeek.com/forums/ <p>So I have 64-bit Windows, but all my software is 32bit just about. Is there any great 64bit software that I am not aware of? And why can't I use a 64-bit Firefox? </p>