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Transcript of Luan Van Phuong
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CHAPTER 1 INTRODUCTION
1. Rationale
Nowadays computer has become so common that people who are
unaware about computer are referred as clumsy. Computer is used in
each and every aspect of human life.
The beginning of the 1990's is marked by the era of computers.
Everywhere we look, we see computers. They have become an essential
part of our every day life. If the world's computer systems were turned
off even for a short amount of time, unimaginable disasters would occur.
Over the last ten years, demand for computer engineers has grown
due to the rapid growth and advances in the computer industry.
Computers are everywhere, and they are utilized to perform a variety of
functions. In industry, computer-aided drafting programs are used to
design manufacturing processes which provide a high degree of
efficiency and quality. You are already familiar with some of the
benefits of using computers in the workplace-for example, computers
make it easier to manage the company database, accounting, and
finance-related activities, and communications among different
departments in a company
Computer Information systems contain both hardware and
software. Hardware is any tangible item in a computer system, like thesystem unit, keyboard, or printer. Software, or a computer program, is
the set of instruction that direct the computer to perform a task. Software
falls into one of two categories: system software and application
software. To apply any uses of the computer, we must install their
software. When we setup any software we can see the software license
agreement.
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What is the Software License Agreement? According to
http://en.wikipedia.org/wiki/Software_license_agreement:A Software
License Agreement is a contract between the licensor and purchaser of
the right to use software. The licensor write a contractunderwhich the
owner of a copyright, know how, patent, servicemark, trademark, or
otherintellectual property, allows a licensee to use, make, orsellcopies
of the original. Such agreements usually limit the scope or field of the
licensee, and specify whether the license is exclusive or non-exclusive,
and whether the licensee will payroyalties or some otherconsideration
in exchange.
I choose to study the License Agreement of Software Product
online in English in the thesis for the following reasons:
Firstly, nowadays many companies spend a lot of money buying
and selling usage rights to software. As such, various types of software
license agreements are becoming ever more important for both IT
companies and their customers.
Secondly, today due to its historic role and overwhelming
popularity, English is chosen as the primary and international-standard
language in the computer. Language of the Software License Agreement
is executed in English language and may be translated into other
languages. In case of any conflict, discrepancy or contradiction betweenthe English version and translations, the version of the Agreement in
English language shall prevail for purposes of its performance,
interpretation and settlement of disputes. Software license agreements
can sometimes be extremely complex and detailed in their content.
When you work with the purchasing of software products and associated
services, it is important to check drawn up agreement documents with,
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http://en.wikipedia.org/wiki/Software_license_agreementhttp://en.wikipedia.org/wiki/Contracthttp://www.businessdictionary.com/definition/contract.htmlhttp://www.investorwords.com/11391/under.htmlhttp://www.businessdictionary.com/definition/owner.htmlhttp://www.businessdictionary.com/definition/copyright.htmlhttp://www.businessdictionary.com/definition/know-how.htmlhttp://www.businessdictionary.com/definition/patent.htmlhttp://www.businessdictionary.com/definition/trademark.htmlhttp://www.businessdictionary.com/definition/intellectual-property.htmlhttp://www.investorwords.com/8807/allow.htmlhttp://www.businessdictionary.com/definition/licensee.htmlhttp://www.investorwords.com/10256/make.htmlhttp://www.businessdictionary.com/definition/sell.htmlhttp://www.businessdictionary.com/definition/copy.htmlhttp://www.businessdictionary.com/definition/original.htmlhttp://www.businessdictionary.com/definition/agreement.htmlhttp://www.businessdictionary.com/definition/scope.htmlhttp://www.businessdictionary.com/definition/field.htmlhttp://www.investorwords.com/11154/specify.htmlhttp://www.businessdictionary.com/definition/license.htmlhttp://www.investorwords.com/1815/exclusive.htmlhttp://www.businessdictionary.com/definition/pay.htmlhttp://www.businessdictionary.com/definition/royalty.htmlhttp://www.businessdictionary.com/definition/consideration.htmlhttp://www.businessdictionary.com/definition/exchange.htmlhttp://en.wikipedia.org/wiki/Software_license_agreementhttp://en.wikipedia.org/wiki/Contracthttp://www.businessdictionary.com/definition/contract.htmlhttp://www.investorwords.com/11391/under.htmlhttp://www.businessdictionary.com/definition/owner.htmlhttp://www.businessdictionary.com/definition/copyright.htmlhttp://www.businessdictionary.com/definition/know-how.htmlhttp://www.businessdictionary.com/definition/patent.htmlhttp://www.businessdictionary.com/definition/trademark.htmlhttp://www.businessdictionary.com/definition/intellectual-property.htmlhttp://www.investorwords.com/8807/allow.htmlhttp://www.businessdictionary.com/definition/licensee.htmlhttp://www.investorwords.com/10256/make.htmlhttp://www.businessdictionary.com/definition/sell.htmlhttp://www.businessdictionary.com/definition/copy.htmlhttp://www.businessdictionary.com/definition/original.htmlhttp://www.businessdictionary.com/definition/agreement.htmlhttp://www.businessdictionary.com/definition/scope.htmlhttp://www.businessdictionary.com/definition/field.htmlhttp://www.investorwords.com/11154/specify.htmlhttp://www.businessdictionary.com/definition/license.htmlhttp://www.investorwords.com/1815/exclusive.htmlhttp://www.businessdictionary.com/definition/pay.htmlhttp://www.businessdictionary.com/definition/royalty.htmlhttp://www.businessdictionary.com/definition/consideration.htmlhttp://www.businessdictionary.com/definition/exchange.html -
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for example, appropriate checklists in order to avoid losing important
parts that ought to be regulated. Therefore, to create an effective contract
as well as to understand best the contract, this depends much on how
such contracts are drafted and translated. So the learner and the teacher
of English need be equipped with the necessary knowledge of language
and sentence structures used in contracts. How can such students, who
may later work in information field, deal with the work of translating
and drafting contracts in the license? Isn't it a big consideration? The
study is expected to help answer this question.
Thirdly, as a communicating tool in the Software License
Agreement, English has distinctive writing styles,
grammatical structures, and items of vocabulary. These specific
characteristics of English in the Software License Agreement require an
in-dept research into such features to ensure the success of every using
computer and installing software.
Mastering English and its specific features in the Software License
Agreement is indispensable for both the licensors and purchasers of the
right to use software. For a licensor, his work is to write a contract.
Hence, he has to be equipped with the skills, good experience and
English fluency in this field to complete his work. For a language
learner, he should discover how English is used for specific purposes.English in specific usage surely carries particular characteristics
distinctive from English in daily life. The research on English is not only
to serve the purposes of teaching and learning but also to work out how
English is used effectively in the computer world. This is why this paper
is done. This work also benefits those who wish to have an insight of
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English in creating or understanding the contract in the software and use
it successfully in their jobs.
For all the above reasons, I have decided to carry out A
discourse Analysis of License Agreement of Software Product online
in English. I try to describe the characteristics of the language in the
Software License Agreement. In addition, this study on discourse
analysis might help us deal with this part of the English language more
carefully to contribute a small part to the learning and teaching English.
Therefore, it is hoped that the findings of this study would contribute to
supporting those of many previous studies and also show distinguishing
features of the Software License Agreement.
1.2 Significance of the Study
1.3 Aims and Objectives
1.3.1 Aims
This study aims to examine the linguistic features in the
Software License Agreement at discourse level to help the licensors as
well as the writers and the purchaser of the right to use software to have
a critical evaluation and the mastering of the use of linguistic devices in
creating an effective and understandable contract.
1.3.2. Objectives
The study is intended to achieve the following objectives:- To set up a theoretical framework in order to identify and
describe the discourse features of Software License Agreement (their
layout, lexical features, syntactic structures and cohesive devices).
- To examine the characteristics of language used in the Software
License Agreement
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- To improve the use of English in this particular field - English in
software technology.
- To suggest some implications for teaching English to
Vietnamese learners, especially the students of the information
technology.
1.4 Scope of the Study
This study is mainly concerned with main components in the
License Agreement of software product online. The research primarily
concentrates on the layout features, lexical and syntactic features and
especially the Speech acts used in Software License Agreement in
English.
The study will be based on Software License Agreement taken
from the internet.
1.5 Research Questions
The research is to answer the following questions:
1.What are the common type of Software License Agreement?
2.What are the typical discourse characteristics of Software
License Agreement in terms of their layout, lexical features,
syntactic structures, cohesive devices and Speech acts?
1.6 Organization of the Study
The study is organized into five chapters as follows:
Chapter 1 Introduction
This chapter presents the rationale, the aims and objectives of the
study, scope, research questions, research design, research methods and
data collection and organization of the study.
Chapter 2 Literature Review and Theoretical Background
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This chapter reviews prior studies on discourse analysis, related
theoretical matters are also presented.
Chapter 3 Research Methods and Procedures
This chapter concerns itself with the research methods, data
collection as well as techniques of data analysis.
Chapter 4 Findings and Discussion
This chapter deals with analyzing and surveying the layout
features, lexical and syntactic features of the Software License
Agreement in English.
Chapter 5 Conclusion
This chapter summaries the issue studied in the thesis, the
implications and suggestions for further study.
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Chapter Two: LITERATURE REVIEW
This chapter provides the literature review and the theoretical
background for the study. In the theoretical background, it concentrates
on the key concepts in discourse analysis and some important issues
relevant to Sofware License Agreement. Speech acts and some relating
concepts that cast from the perspective of Pragmatics will be shown.
These key points are viewed briefly and organized under the following
headings: preliminaries of discourse, register and discourse genre, the
overview of Software License Agreement and Speech acts used in
Software License Agreement in English.
2.1 Literature review
2.2 Theoretical Background
2.2.1 Text and Discourse
It is important to distinguish the difference between
discourse and text, two basic terms in the theoretical discourse
analysis. In fact, discourse analysts approach them differently.
2.2.1.1 Concepts of Text
The term "Text" is defined differently by many linguists.
Originally, "text" acquired its interpretation as a type of linguistic unit
beyond the sentence level because linguists were not satisfied with thetraditional understanding of linguistic levels where the sentence was
generally regarded as the largest unit.
Halliday and Hassan (1976) view Text as a "semantic unit"
characterized by cohesion or a framework that is logical and general and
use Discourse to explain Text "A text is a passage of discourse". Brown
and Yule [4, p.6] sees Text as a technical term referring to "the verbal
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record of a communicative act" or Widdowson [31,p. 100] as "the
linguistic product of a communicative process". Brown and Yule [6, p.6]
considers text as "verbal record of communicative act" and Nunan [53]
views texts as a "written record of a communicative event which
conveys a complete message". Texts may vary from single words (for
example, "Stop!", "Exit") to books running to hundreds of pages.
McCarthy and Carter [48] focus learners' attention on whole, rather than
parts of, texts from as early as possible in their language development.
Whole texts are generally understood to be chunks or stretches of
language that make sense in their own right. Texts, for example, can be
as long as essays or as short as a reply left on an answering machine.
Besides, there are more concepts of the term Text, for example;
"Text: a piece of naturally occurring spoken, written, or signed
discourse identified for purpose of analysing. It is often a language unit
with a definable communicative function, such as a communication, a
poster". (Crystal [6, p.72]) or "Text: a stretch of language interpreted
formally without context".(Cook [5, p. 15 8]).
In this study, the concept of "Text" is understood as a semantic
unit of language in written form which is complete in form and
structure.
2.2.1.2 Concepts of Discourse
Discourse is the term now quite widely used in a number of
different disciplines and schools of thought, often with different
purposes. Since its introduction to modern science the term Discourse
has taken various, sometimes very broad, meanings. In order to specify
which of the numerous senses is analyzed in the dissertation it has to be
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defined. Originally the word 'discourse' comes from Latin 'discursus'
which denoted 'conversation, speech'. This understanding about
Discourse, however, refers to a very wide area of human life, therefore
onlyDiscourse from the vantage point of linguistics, is explained here.
The different concepts of Discourse will be displayed through the
following statements:
Brown and Yule (1983: iii) say that "discourse is language in
use" and remark that "the term Discourse Analysis has come to be
used with a wide range of meanings which cover a wide range of
activities at the intersection of many disciplines from sociolinguistics,
psychological linguistics to computational linguistics".
Cook (1989: 156) claims that "Discourse is stretches of
language perceived to be meaningful, unified and purposive".
Nunan (1993: 5) says that "Discourse can be defined as a stretch
of language consisting of several sentences which are perceived as
being related in some way." Sentences can be related not only in terms
of the ideas they share, but also in terms of their functions".
Crystal (1992: 25) states that discourse is a continuous stretch
of (especially spoken) language larger than a sentence, often
constituting a coherent unit such as a sermon, argument, joke or
narrative.Widdowson (1994: 100) considers discourse as "a
communicative process. Its situation outcome is a change in a state of
affairs: information is conveyed, intentions are made clear, its
linguistic product is text".
From the above statements, obviously, it is sometimes impossible
to make a clear cut between discourse and text. They are like two sides
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of a paper. Nevertheless, our study will follow the approach to make a
distinction betweenthese two terms.
Following this trend, discourse brings together language and the
context within which the language is used. Obviously, context is a key
concept in discourse analysis, which will be discussed in the next
section.
2.2.2 Concepts of Discourse Analysis
The term "discourse analysis" is hard to define with precision as it
has become to be used with a wide range of meanings which cover a
wide range of activities. The study of discourse or "discourse analysis" is
concerned with "the study of the relationship between language
and the contexts in which it is used" (McCarthy [47, p.5]). Crystal [18,
p.25] defines discourse as, 'a continuous stretch of language larger than a
sentence, often constituting a coherent unit'. In practical terms it focuses
on the actual operation of language, beyond the restrictions of grammar.
Using discourse analysis at one level, that of language beyond the
sentence level, refers mainly to the linguistic analysis. A second level of
discourse analysis concerns with the language which can be used to
examine utterances in terms of communication intention and
appropriateness to the social content, i.e., to interpret them. When it is
restricted to linguistic issues, discourse analysis focuses on the record(spoken or written) of the process by which language is used in some
context to express intention.
Discourse Analysis has been used to apply to both spoken and
written language. The discourse analysis of written text provides a
method for systematically describing texts that students read as well as
those they write. Canale [9], who first proposed the construct of
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"discourse competence," conceptualized it as an attribute that helps a
learner to achieve 4'unity of a text...through cohesion in form and
coherence in meaning". An English written text includes discourse
features conforming to rules that most successful writers unconsciously
follow and native readers unconsciously expect to find. Some of the
features in written discourse analysis are completeness in form, cohesion
and coherence, that is, the extend to which the text hangs together and
make sense.
Generally, discourse analysis focuses on linguistic units above the
rank of clause and on their sequences, and takes into consideration
situational context and existential meaning. In this paper, I decided to
limit my investigation to the use of cohesive devices in terms of Halliday
and Hasan's [29] cohesion theory and coherence evaluation based on the
basis of Grice's maxims of relation, quantity, and manner.
From the above concepts of "discourse analysis", we realize that
the concept "discourse analysis" is the study of how language is used in
linguistic products with reference to social and psychological factors
that influence communication.
+ meaningful, pointing out benefits that makes the product
desirable or interesting to consumers.
+ believable, so that consumer will believe that the product orservice will deliver the promised benefits.
+ distinctive, telling people how the product is better than
competing brands. [14, p.21, 22]
2.2.3 Cohesion and Cohesive in Discourse
Beaugrande & Dressier [3, p.3] defined texts as vehicles of
purposeful interaction, and coherence and cohesion are two of seven
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standards of textuality. Cohesion is the surface structure of text that has
some grammatical dependencies. It is like a framework for textual
communication. Meanwhile, coherence is the deep structure of a text that
has some conceptual and propositional dependencies. Coherence is the
result of these relations. It is like the spirit of a text. A text without
coherence can be cohesive but not alive.
2.2.4 Speech act functions
2.2.4.1 What is a Speech Act?
We perform speech acts when we offer an apology, greeting,
request, complaint, invitation, compliment, or refusal. A speech act
is an utterance that serves a function in communication. A speech act
might contain just one word, as in "Sorry!" to perform an apology, or
several words or sentences: "Im sorry I forgot your birthday. I just let it
slip my mind." Speech acts include real-life interactions and require not
only knowledge of the language but also appropriate use of that language
within a given culture.
Here are some examples of speech acts we use or hear every day:
Greeting: "Hi, Eric. How are things going?"
Request: "Could you pass me the mashed potatoes, please?"
Complaint: "Ive already been waiting three weeks for thecomputer, and I was told it would be delivered within a week."
Invitation: "Were having some people over Saturday evening and
wanted to know if youd like to join us."
Compliment: "Hey, I really like your tie!"
Refusal: "Oh, Id love to see that movie with you but this Friday
just isnt going to work."
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Speech acts are difficult to perform in a second language because
learners may not know the idiomatic expressions or cultural norms in the
second language or they may transfer their first language rules and
conventions into the second language, assuming that such rules are
universal. Because the natural tendency for language learners is to fall
back on what they know to be appropriate in their first language, it is
important that these learners understand exactly what they do in that first
language in order to be able to recognize what is transferable to other
languages. Something that works in English might not transfer in
meaning when translated into the second language. For example, the
following remark as uttered by a native English speaker could
easily be misinterpreted by a native Chinese hearer:
Sarah: "I couldnt agree with you more. "
Cheng: "Hmmm." (Thinking: "She couldnt agree with me? I
thought she liked my idea!")
An example of potential misunderstanding for an American
learner of Japanese would be what is said by a dinner guest in Japan to
thank the host. For the invitation and the meal the guests may well
apologize a number of times in addition to using an expression of
gratitude (arigatou gosaimasu) -- for instance, for the intrusion into the
private home (sumimasen ojama shimasu), the commotion that they arecausing by getting up from the table (shitsurei shimasu), and also for the
fact that they put their host out since they had to cook the meal, serve it,
and will have to do the dishes once the guests have left (sumimasen).
American guests might think this to be rude or inappropriate and choose
to compliment the host on the wonderful food and festive atmosphere, or
thank the host for inviting them, unaware of the social conventions
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involved in performing such a speech act in Japanese. Although such
compliments or expression of thanks are also appropriate in Japanese,
they are hardly enough for native speakers of Japanese -- not without a
few apologies!
2.2.4.2. Speech Acts Theory
2.2.4.3 The Classification of Speech Acts
2.3 An overview of Software License Agreement
2.3.1 Definition of Software License Agreement
Whenever you install software on a computer, you will have
to face the inevitable: agreeing to the Software License
Agreement or the EULA (End User License Agreement). But how many
of us really go through all those paragraphs filled with legal terms?
The percentage of software users that actually read the terms of
any license agreement is rather low, mainly because these agreements
are too stuffy and, most of the times, almost incomprehensible for the
average-educated software user. Also, there's the common belief that all
EULAs are practically the same, so users just skip reading them and go
straight to ticking the "I Agree" checkbox and pressing the "Next"
button. For that reason, many software users are confronted with usually
unpleasant situations that could have been avoided, should they have
read the EULA beforehand. So, what is the Software License
Agreement?
The definition given by Walker & Jocke (1995-2011) [X] states:
A software license is usually an agreement that grants a right to use
software code to someone else. A license usually grants less rights than a
sale of a copy of the software. The rights to use the code are defined by
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the terms of the license.
(http://www.walkerandjocke.com/pages/licensing.html#anchorc536025f)
According to wikipedia [X]: A Software License Agreement is a
contract between the licensor and purchaser of the right to use software.
The licensor write a contract under which the owner of a copyright,
know how, patent, servicemark, trademark, or other intellectual property,
allows a license to use, make, or sell copies of the original. Such
agreements usually limit the scope or field of the license, and specify
whether the license is exclusive or non-exclusive, and whether the
license will pay royalties or some other consideration in exchange.
http://en.wikipedia.org/wiki/Software_license_agreement
The EULA (The EULA: End User License Agreement also is
often referred to as the software license or user license) is, as its name
shows it, a contract between the software developer and a potential user.
By means of this contract it is established that the developer of the
software is its de facto owner, and that a copy of the respective software
bought from a vendor (or downloaded from the Internet) only licenses it
to a user, and does not transmit any intellectual rights whatsoever on the
software. [X] http://www.avangate.com/articles/eula-software.htm
As in typical legal contracts, the EULA protects both parties from
liability if the software is used in a way not intended by the manufactureror author.
2.3.2 The importance of Software License Agreement
Software is important; therefore software licenses are important.
Today's businesses rely upon software to perform many critical
functions. Software makes machines and systems work in every sector of
the world economy - everything from applications that control advanced
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medical devices to programs that analyze the behavior of financial
markets.
However, the reason why a software contract is so important, so is
some of these complexities address. While the international status of
things like software license agreements can be more difficult things than
necessary, a contract can ever create even the best solution for all terms
on the table, and an environment that mutual trust between buyer and
seller. In essence, there is software licensing, to try and protect those that
distribute software and designed it. Obviously, if you construct
something, you do not want a person to buy it and then make a copy for
all their friends. Good software license agreements to protect the
interests of software developers, while high-end product provides for the
end user. Each step along the way creates the need for the status of
software license agreements to determine: Who owns what, and when
they themselves, the terms with them, that to assume the responsibility.
This is what a good software contract should be about.
It is why you should look to software license agreements as an
integral component of a good software contract for your company.
There is only one way to avoid the problems of Software License
Agreement. No matter how boring license agreements are, try to always
read them from beginning to end.2.3.3 General characteristic of Software License Agreement
As mentioned before, most software license agreements are
similar. They share similar terminology, as well as similar structures.
Following are the most important four parts of a EULA: [x]
Licensing: In this section you will establish the rights that you wish to
grant to the users over your product. It is of utmost importance to make
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it clear that the users do not have any intellectual rights over the software
about to be installed / used, but that you are only licensing it for use
according to your terms, to which the user may or may not agree, at their
own discretion. You must also specify if any attempt to reverse-engineer,
redistribute, copy, clone, modify or alter in any way the licensed
software without your specific approval is strictly prohibited or
permitted under certain, well-defined, conditions. It is also
recommendable to make specifications as to how many
terminals/computers can benefit from this license (one or more).
Warranties: This section should contain a Disclaimer of Warranty,
stating that even if the software is most likely to work on the user's
machine, it may as well not, and it may not even be your fault. After all,
should the product be exposed to, for example, atmospheric conditions
that might alter the CD's / DVD's performances, you should not be held
responsible for that.
Liability: It is important to state the extent to which you can be held
financially responsible for any mishaps that might incur as a result to the
use of your software. Create a Limitation of Liability section, in which
you will state clearly to what amount (if any) a user is entitled should
your software damage the computer or cause legal problems by
interfering with other third-party applications. Laws: Do not forget to mention specifically what laws control or apply
to the license agreement that the user is supposed to agree to. A
jurisdiction must be defined and any complaints or lawsuits can only be
made or filed within the respective jurisdiction. If your software is
supposed to have global distribution, make sure you find out which
international laws apply to the EULA. Keep in mind though that, even if
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the EULA pattern is practically the same in most cases, yours should
reflect your needs and your vision, your approach to the market and to
the prospective users.
2.3.4 Classification of Software License Agreement
Not every EULA is the same. Some contracts stipulate acceptance
of the agreement simply by opening the shrink-wrapped package; some
require the user to mail back to the manufacturer a signed agreement or
acceptance card; some require the user to accept the agreement after the
application is installed by clicking on an acceptance form that appears on
the users monitor. This last method is typical of applications that can be
downloaded from the Internet. In all instances, the user has the option
of not accepting the EULA, subsequently surrendering the rights and
ability to use the software.
End User License Agreements can be presented in two forms. One
is the so-called "shrink-wrap license". This type of license is usually met
in the case of packaged products, when a label clearly states that tearing-
open the package or breaking the seal automatically means that the
buyer/user accepts the EULA found inside the package, even before
reading it. The other type is the "click-wrap" / "click-through license",
which is available to the user while installing the software. In order to
continue the installation of the respective software, the user must checkan "I Agree" box.
Many form contracts are only contained in digital form, and only
presented to a user as a click-through where the user must "accept". As
the user may not see the agreement until after he or she has already
purchased the software, these documents may be contracts of adhesion.
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These documents often call themselves end-user licensing agreements
(EULAs).
2.4 Summary
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Chapter Three: METHODS AND PROCEDURES
3.1 Research Methodology
With the aim of achieving the set goal "to find out typical
discourse features of English in Software License Agreement, I conduct
this study with a combination of several methods.
Firstly, the descriptive method is used in order to give a detailed
description of some typical discourse features of English in Software
License Agreement. The descriptive method seems to be the most
popular tool in doing any linguistic research since linguistics is by nature
a descriptive science.
Secondly, the analytic method is also indispensable. By using
this method the researcher can clarifies and justifies a certain feature or
characteristic. In doing an analysis, she can use arguments, specific
examples or relevant issues to support her viewpoint.
Thirdly, the research is carried out by the qualitative method and
illustrated by examples from about 100 samples of Software License
Agreement collected from internet online sources in order to highlight
the characteristic of their lexical features, syntactic structures and
cohesive devices. Additionally, in our descriptions and interpretations,
the deductive method is also used.
In summary, together with the combination of qualitative andquantitative approaches, a number of methods as mentioned above are
guidelines in conducting the research. However, depending on the set
goals of the thesis, descriptive and comparative methods are chosen as
the dominant ones which are most frequently used in the thesis.
3.2 Research Procedures
3.3 Samplings
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100 samples of Software License Agreement in English will be
collected at random to study and analysis.
3.4 Data Collection and Analysis
3.4.1 Data Collection
In regard to the availability of material, compared with other
fields, the Software License Agreement can be more easily found in the
internet and freely downloaded. Therefore, it did not take us much time
and money to collect data for our study. Most of the data used in this
study were downloaded from the websites in Vietnam as well as in the
world. We selected Software License Agreement mainly from three
websites:
http://www.download.onboom.com
http://www.computerhope.com
http://en.wikipedia.org/wiki/Software_license_agreement
3.4.2 Data Analysis
Firstly, depending on the elements contained in the license, the
data collected were divided into three groups: simple, medium and
complex.
Secondly, the Licenses were analyzed in terms of their layout,
lexical feature, syntactic structure, and cohesive devices. Here are
specific tasks:For the layout, I focused on the twofold format: the Lead or
Introduction and the Body. The organization of a license is very
important because it not only provides a frame for the author to write but
it also guides the readers through the license. A well- formatted paper
will hold readers' interest and convince them of the validity of the
license's information.
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http://www.download.onboom.com/http://www.computerhope.com/http://en.wikipedia.org/wiki/Software_license_agreementhttp://www.download.onboom.com/http://www.computerhope.com/http://en.wikipedia.org/wiki/Software_license_agreement -
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For the lexical and syntactic analysis, the study examines the use
of words and sentence patterns in all sections and the use of words and
sentences. The quantitative method would help to define the percentage
of each category. Based on this result, some further analysis was
conducted to give some implications. The qualitatively, describe,
analyze and survey the data of the generic structure and linguistic
features - processes, clause complex, nominalization, and cohesion.
For cohesive devices, I dealt with the issue concerned based on
Halliday and Hassan's framework. First, all the articles were carefully
read and marked as R (reference), S (substitution), E (ellipsis), C
(conjunction) and Lex (lexical). Then, the number of each type
would be counted and followed by its frequency. The result would be
presented in percentage terms for analysis and evaluation.
3.5 Reliability and Validity
Since the licenses collected from active websites for this study are
a totally authentic source of data, not invented examples, the quality of
the data is quite reliable. Additionally, in this study, the researcher sets
out her work from the analysis of evidence, statistics, frequencies, then
comes to conclusion; so she is not driven by presupposed results. In
other words, the objectivity of study is assured.
The results of study, on the one hand, provide some theoreticalbackground for studying one type of discourse, on the other hand, it
makes a certain contribution to the learning and teaching of English in
Vietnam. Thus, the research results are significant both theoretically and
practically.
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