Andy Has Entered into an Agreement Whereby He Can Make

question 32

Multiple Choice

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?

• A) Andy can get out of the contract because the inability to access the software is a material breach whereby he is not getting the benefit of the bargain.
• B) If the periods the computer is down are considered normal in the industry,there has been no breach.
• C) This is considered a breach of the warranty of noninterference.
• D) The downtime of the computer is not a breach only if it is scheduled in advance and Andy is given notice of it.

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Definitions:

Composition

Refers to the way in which something is made up or formed, acknowledging the parts or elements that constitute the whole.

Processes

A series of actions or steps taken to achieve a particular end.

Team Development

Team development involves a series of stages or processes that a team undergoes to improve collaboration, solve problems, make decisions, and achieve goals, typically including forming, storming, norming, performing, and adjourning phases.

Group Development

Refers to the various stages and processes that groups go through as they evolve, often including forming, storming, norming, performing, and adjourning stages.