Early Termination of a Software Development Agreement: Which Provisions in the General Terms & Conditions of the IT Provider shall be deemed “Unusual” (and thus Unenforceable) and Which Rights related to the Custom Software shall the Client have following Termination?
Two provisions contained in the General Terms & Conditions of a B2B software development agreement were deemed “unusual” (“insolite”) and therefore unenforceable against the corporate client of an IT provider.
Software in Asset Deals: Buying IP Rights on the Software, Buying Hardware or Buying a (mere) Copy of the Software?
The buyer was entitled to invalidate a sales contract (an asset deal for the sale of a car dealership that included software) for fraud that was committed by the seller (Art. 28 SCO) because the seller had not disclosed to the buyer that it did not own the intellectual property rights on the software but only had a license to use the software granted by a third-party licensor.
Cancellation of Sports Sponsoring Agreements for Force Majeure (COVID-19): Which Part of the Sponsorship Fees must be Reimbursed to the Sponsor?
The cancellation clauses of the sponsoring agreements gave the sponsor the right to obtain the (partial) reimbursement of the paid sponsorship fees.
Contract management: the risks of not reacting to annotations made by the other party at the time of signing of the contract
Company found contractually liable for the act of an employee as a result of a handwritten statement made by the other party on the contract.