Licensing agreement
Tacit Extension of an IP License Agreement: Does the Licensor’s Exclusivity Obligation Survive the Expiry and the Tacit Extension of the License Agreement?
Following the expiry of their license agreements, the licensor and the licensee continued their contractual relationship without a formal agreement in place between them. The courts found that this gave rise to a tacit agreement comprising, in the case at hand, only the objectively essential elements of the expired license agreements.
Innominate contracts, IT contract
Termination of an IT Maintenance Contract for Alleged Security Breaches: What Must the Client Prove?
A client attempted to terminate (with immediate effect) a three-year IT maintenance contract it entered into with an IT provider, by claiming major security violations and other alleged breaches of contract.
IT contract, Licensing agreement, Software development agreement
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.
Sale of immovable property
Selling by mistake: good faith as an impediment to avoiding the contract
A Seller who fails to clarify a point of essence and mention it to the Buyer(s) prior to concluding a contract cannot rely on its mistake in order to avoid the contract or to refuse its performance.
IT contract, Service Level Agreement (SLA)
Unilateral termination of a long-term IT contract: when is good cause not good enough?
The existence of good cause denied in unilateral termination of a long-term IT contract, despite claims of outdated equipment, repeated technical issues and poor maintenance services.