問35
頻出度★★☆
ソフトウェアの受入れ検収以降, 一定期間内に発見された欠陥に対して, 開発側が無償で修正を行ったり損害賠償責任を負ったりすることを何と呼ぶか。
平成25年度 春期 ITパスポート試験 問35
ストラテジ系法務 › 労働関連・取引関連法規
This question's explanation and your answers so far.
解説
問 35
- ア
正解 Warranty against defects (defect liability) is a system under which, when the delivered deliverable has a defect that does not conform to the contract (a defect, or kashi), the party that delivered it — in a software development contract for work, the development vendor — bears responsibility for it for a certain period. That responsibility includes repairing the defect free of charge (cure, i.e. completing performance) and compensating for the damages it causes. What the question describes — that after software acceptance inspection, the developer repairs defects found within a certain period free of charge or bears liability for damages — is exactly this warranty against defects, so the correct answer is ア. The period of liability (the warranty period) is normally set out in the contract; repairing a defect found after that period has passed is handled as paid maintenance work. Note that under the revised Japanese Civil Code that took effect in 2020, the same idea was renamed liability for nonconformity with the contract, under which the buyer or client may demand cure, a price reduction, damages, or termination of the contract. As the current term, it is worth remembering liability for nonconformity with the contract.
Incorrectイ
A Service Level Agreement (SLA) is a document in which the service provider and the user agree in advance on the levels of service quality — availability rate, response time, time to recover from failures — and on what happens when those levels are not met (such as a fee reduction). It sets the quality of a service that is in operation; it is not a term for the legal responsibility to repair, free of charge, defects found after the developed product has passed acceptance inspection.
Incorrectウ
A system audit is an activity in which an auditor who is independent of the department being audited inspects and evaluates the reliability, safety, efficiency and so on of an information system, points out problems, and gives advice and recommendations. It is an act of evaluation from a third-party standpoint, not the responsibility that a developer owes the client to repair defects or pay damages.
Incorrectエ
Preventive maintenance is a form of maintenance in which inspections, part replacements, corrections and the like are carried out on a planned basis before a breakdown or failure occurs, so that problems are prevented before they happen. It is not a term for a contractual responsibility that obliges someone to deal with defects that have already been found, and it contains no element of free repair or of liability for damages.
ここがポイント
- Warranty against defects = for a certain period after acceptance inspection and delivery, the developer (the contractor) repairs defects that are found free of charge and also accepts liability for damages. The period and scope are fixed in the contract, and repairs after that period has elapsed become paid maintenance. (Since the 2020 revision of the Japanese Civil Code the system is called liability for nonconformity with the contract, with the remedies organised as demand for cure, price reduction, damages, and termination of the contract.)
- Tell apart the confusable terms around contracts and operations: an SLA is an agreement on service quality levels, a system audit is inspection and evaluation by an independent third party, and preventive maintenance is planned maintenance work aimed at preventing failures before they occur. Sorting them by who does it, when, and what they do keeps you from mixing them up.
用語