Standard Agreement and Modules

The trusted third party would ideally provide some basic standard agreement, which outlines the requirement for the user to accept the agreement before use, identify the jurisdiction under which the license is legal, and other basic legal requirements that do not involve the software activity or function specifically (the exception to this is the module requirement for notification of policy changes). The details of this I am not in a position to elaborate on fully, but this section would essentially incorporate the traditional first few paragraphs of EULAs as outlined in the Appendices. The standard agreement provided by the trusted third party would include modules for the waiving of the selected expectations, chosen for a particular jurisdiction. Each module should be assessed for inclusion depending on the software's requirements and purpose. The modules in bold below are the modules Admo will need to seek explicit consent for waiving. All expectations it adheres to would be listed in positive language within the body of the agreement as well.

These modules include, for the purposes of this example (those required are in bold):

• The software meets minimum standards of merchantability and fitness for the purpose for which it is made (according to law in that jurisdiction).
• The software does not disrupt the existing operation of the computer.
• The software does not distract the computer user.
• The software does not track the behaviour of the user when using the software.
• The software does not track the behaviour of the user when using other software.
• The software does not collect personal information for its own use.
• The software does not collect personal information to sell or give to third parties.
• The software allows a user to easily opt-out or uninstall, with the decision final and persistent, removing all traces of the software and unsubscribing from the service.
• The software does not install additional software.
• The user may return the software to the place of purchase, unused, for a full refund if they do not agree to the terms of the agreement.
• The user will be notified of policy or specification changes and need to give explicit consent to these changes.

These modules (of which the above are feasible examples) would be developed by the trusted third party (not the Admo company!) from normative expectations about the particular type of software (downloaded from the Internet, requiring some Internet connectivity to function, as opposed to being bought from a shop and not requiring any Internet connectivity to function), based on industry guidelines and focus groups as recommended by Chapter 3. They have accompanying legally binding text, such as is seen in current agreements (like those in the Appendices). Admo's company simply needs to decide which ones are applicable to their software, which will be highlighted and indicated plainly on the main window of the agreement.