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Swiss Contract Law
  • Case Law
    • M&A agreement
    • Agency
    • Agency agreement
    • Ancillary obligations
    • Arbitration
    • Contract management
    • Cooperation agreement
    • De facto contract
    • Distribution agreement
    • Forum clause
    • Freight forwarder contract
    • IT contract
    • Joint venture
    • Loan agreement
    • Real estate sale agreement
    • Sale of goods
    • Self-contracting
    • Service Level Agreement (SLA)
    • Share purchase agreement
    • Sponsorship agreement
    • Subsequent impossibility
  • Team
  • About
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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.

Jacques de Werra,
Marianna Sorton

6 December 2023

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