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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