ASP(Application Service Provide) 이용계약의 법적 고찰

A Legal analysis on licence contract for ASP service

ASP service refers to a model providing various computer-related service for companies in order for them to maximize their competitiveness. ASP service providers rarely provides companies with total service pertinent to computer independently but commonly does through strategic alliance with ASP-suply Chain such as network system, platform system, application system, service system and operation system. For this reason, a license contract for ASP service has a feature which is intertangled with various contracts so that we can not treat it as just a contract. However, a series of these service means a wholesale offer whether an ASP service provider furnishes all service with companies independently or each of ASP-suply Chain offers their service and the totality of their service composes ASP service. A license contract for ASP service is a bilateral one because an ASP service provider offers ASP service to ASP end users and they pay fees to the ASP service provider as a price for its service. A duty to offer service by the ASP service provider depends on the agreement between ASP end users and ASP service provider. However, A key duty to offer service by the ASP service provider will be one to protect their on-line access to its program and to maintain its software. It covers proper server capacity as well as their use of the essential internet infrastructure. In addition, it will include its duty to maintain its ability to use the softwares, to save its data and to provide safeguards for the data. On the other hand, ASP service providers' duty to update and upgrade their service will be their duty incident to a license contract between ASP service providers and their end users.