Intellectual Property Contracts in Bankruptcy: Hearing Before the Subcommittee on Monopolies and Commercial Law of the Committee on the Judiciary, House of Representatives, One Hundredth Congress, Second Session on H.R. 4657 ... June 3, 1988U.S. Government Printing Office, 1988 - 114 strani |
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ABC's agree Apple Computer balancing test Bankr bankrupt licensor Bankruptcy Code bankruptcy court bankruptcy laws bankruptcy proceedings bill breach Burger Chairman confidentiality Congress Connecting Software copyrights Counsel create creditors customers damages debtor in possession debtor licensor EDWARDS elect to retain executory contract GOLDBERGER Hahn Harry F Hemnes HyperCard industry intellectual property licenses INTELLECTUAL PROPERTY OWNERS intellectual property rights interest Internal Copies legislation license of intellectual licensed technology licensee licensee's Lubrizol decision Manbeck MONOPOLIES AND COMMERCIAL National Bankruptcy Conference nonexclusive obligations party patent payments problem proposed real property reorganization require retain its rights Richmond Metal Finishers royalties section 107 section 365 SHEA-STONUM Software License Agreement software maintenance Software System specific performance SUBCOMMITTEE ON MONOPOLIES sublicense fee System Schedule termination testimony Thank tion trade secrets Trademarks transactions trustee United States Code unsecured unsecured creditors Vendor/WORK Source Code warranty
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Stran 64 - Either party may terminate this Agreement immediately should any Software become, or in either party's opinion be likely to become, the subject of a claim of infringement of any intellectual property right.
Stran 66 - In case any one or more of the provisions contained in this Agreement shall for any reason be held to be invalid, illegal or unenforceable in any respect, such invalidity, illegality or unenforceability shall not affect any other provision...
Stran 44 - Now, therefore, In consideration of the promises and the mutual covenants and agreements herein contained, and for other good and valuable consideration, the parties hereto agree as follows: 1. a. Bare engines only will be loaned. b. No exchange or trade of engines is Involved. c. The Bailor neither accepts responsibility, nor will it be held liable, for operational failure of the loaned englne(s).
Stran 65 - Agreement is intended to be exclusive, but each shall be cumulative and in addition to any other remedy referred to herein or otherwise available at law or in equity.
Stran 54 - Vendor/WORK customers. If Distributor makes this selection, Distributor will pay to Vendor for the period of 24 months immediately following termination, a fee equal to 12% per year of cumulative purchase prices as of the date of termination of this Agreement. For subsequent periods, Distributor shall pay Vendor for each 12 month period a fee equal to the annual maintenance charges quoted by Vendor at the outset of such 12 month period. All payments under this Section 9.4.4.2. will be due quarterly...
Stran 44 - Vendor"), a corporation incorporated under the laws of the State of Delaware, United States of America, having its principal place of business at , and Distributor, Inc.
Stran 65 - ... parties may designate by notice given in the manner set forth above. This Software License Agreement will bind and inure to the benefit of the parties and our respective heirs, personal and legal representatives, affiliates, successors and permitted assigns. The failure of either of us at any time to require performance of any provision hereof shall in no manner affect such party's right at a later time to enforce the same or any other term of this Software License Agreement. This Software License...
Stran 57 - ... such controversy or claim shall be settled by arbitration in accordance with the then current rules of the American Arbitration Association and judgment upon the award may be entered in any court having jurisdiction thereof.
Stran 55 - SUPPLIERS DISCLAIM ALL OTHER WARRANTIES AND CONDITIONS, EITHER EXPRESS OR IMPLIED. INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, SATISFACTORY QUALITY, INFORMATIONAL CONTENT OR ACCURACY, QUIET ENJOYMENT, TITLE AND NON-INFRINGEMENT.
Stran 45 - Source Code" shall mean Vendor/WORK written in higher-level programming languages, which are intelligible to trained programmers and may be translated into object code for operation on computer equipment through the process of compiling. Vendor/WORK Source Code shall not include code that Vendor licenses from other persons, but does not own all rights to, regardless of whether Vendor incorporates such code into Vendor/WORK. 1.12. "Trademarks" shall mean the trademarks Vendor/WORK, Vendor/WORK/SA,...