Legal advice regarding dispute over termination of software use contract
Article posted in 2021-01-15 11:29:13 | VEAT
A is a company that develops and supplies software, and has concluded a software use agreement with B. (hereinafter “this agreement”). B notified A of its intention to terminate the agreement without fulfilling the contract period, and A consulted with Law Firm Veat to respond to the notification of contract termination.
Accordingly, Law Firm Veat conducted a comprehensive legal review of the software use agreement between A and B regarding the power of termination and statutory termination rights, leading to a smooth resolution.
According to this agreement, the minimum contract period is 1 year, and both A and B are obligated to maintain the agreed-upon contract period unless one of them causes a serious breach of contract to the other party.
In order for B to make a legitimate demand for contract termination from A in accordance with this agreement, it must be the case that A’s data is severely damaged to the point of being unable to provide normal service for 15 days or more, or that A’s business situation has deteriorated to the point where it cannot maintain or repair the software.
However, in this case, as A did not meet any of the above conditions and the request for termination was unilateral from B, it was rejected through a certified letter.
Standard software use agreements may contain clauses that can be interpreted vaguely, so it is advisable to draft appropriate termination requirements through mutual agreement between the parties as in the case above.
In this dispute, prior to the conclusion of the contract, A requested Law Firm Veat to review the software use agreement legally, and the dispute was resolved smoothly. Law Firm Veat provides professional advice on various legal issues based on its extensive experience advising on corporate matters. Please contact Law Firm Veat if you are about to conclude a software use agreement or if you have a dispute related to a contract.
Thank you.