Andy has entered into an agreement whereby he can make limited use of software that will remain stored at the licensor's site.Andy accesses the software over the Internet when he needs to use it,but does not store the software on his own computer.Andy uses this software three or 4 days a week,and usually has no problem,but on some occasions the licensor's computer is down and Andy cannot access the software.Based on the above,which of the following is true?

Question

Quizplus · Accepted Answer

The agreement between Andy and the licensor is a limited use agreement where Andy accesses the software over the internet without storing it on his own computer. Therefore, the licensor being unable to provide the software on certain occasions due to computer downtime does not amount to a material breach. As long as the computer downtime is considered normal in the industry and not a breach of any warranty, there is no breach of the agreement. Option B correctly states this. Option A is incorrect because the inability to access the software is not a material breach since the agreement allows for certain limitations. Option C is also incorrect because there is no warranty of noninterference in this type of agreement. Option D is incorrect because there is no requirement in the agreement for the licensor to schedule any downtime or provide notice.

Andy Has Entered into an Agreement Whereby He Can Make