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.
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.