Re: 23 signings, positive Markman, positive financials....someth... is very wrong
posted on
Oct 29, 2007 07:44PM
RE B-Lunist comment: Paying for a license ends the isuue. The court ruling will have no effect on a license that was paid for. All IMO.
B-L your answer may be incorrect. I found this example of a license contract on the web:
http://www.secinfo.com/dVS96.7c.c.htm
ARTICLE VII: INDEMNITY
7.1. LICENSOR shall indemnify and defend LICENSEE and Third Parties against any claim that the Development Software infringes any third party patent, copyright, trade secret or other intellectual property right when used in accordance with the terms of this Agreement, provided however that LICENSEE shall give LICENSOR prompt notice of any such claim and shall give information, reasonable assistance and authority to defend or settle the claim. LICENSOR shall have the right, at its option,
either to obtain for LICENSEE the right to continue using the
Development Software and Run-Time Software, substitute other
software with equivalent functional capabilities, modify the
Development Software and Run-Time Software so that it is no
longer infringing while retaining equivalent functions, or
terminate this Agreement and refund all royalties paid by
LICENSEE under Addendum C of this Agreement.