As i noted many times in the past and also ROBERT relating to that , The DRM
that DIGECOR were entitled only covers part of DIGEPLAYR not eVU or any other
products. AND FINALLY COURT CONFIRMED THAT !
The court does not agree that this language reflects a clear intent to incorporate the
DRM Agreement’s terms into the PO.(purchase order)
Moreover, a careful reading of the language of the DRM Agreement and the PO confirms that
they were meant as separate agreements. Simply put, the DRM Agreement is most naturally read
to cover the terms of a technology project. The DRM Agreement’s reference to the order as a
part of the DRM Agreement appears to be an acknowledgment of that order, not an export of its
terms to that order. e.Digital has offered no evidence of the parties’ intent at the time of
contracting that would support a factual finding to the contrary. Moreover, the PO’s reference to
reaching DRM terms as a contingency further suggests that the parties viewed them as separate
agreements. Accordingly, the court finds as a matter of law that the PO, not the DRM
Agreement, governs the purchase of the 1250 digEplayer 5500s at issue here.
