Theo old boy... you must have cahonies the size of coconuts! I wish you well, my friend.
Anyways, here is your next installment of "As the Stomach Burns".
(...begins)
ARTICLE III - TECHNOLOGY TRANSFER
3.1 Materials Related to Licensed Technology- Within a reasonable time following the execution of this License Agreement, Licensor shall provide or make available to Licensee all technical data, files, notebooks, disclosures, and other documents and materials, including patents and patent applications, relating to or associated in any manner with the Licensed Technology, including the use of any and all computer software, which might be used or useful in Licensee's commercialization of the Licensed Technology at the sole expense of the Licensee. The patents presently associated with this License Agreement is identified as United States patent No. 4,381,544, Mexican Patent No. 150554, Canadian Patent No. 1175105, and European Patent No. 81401757. Should Licensor make any improvements, betterments, developments, updates, upgrades, or refinements, to the Licensed Technology, it shall promptly make all of the aforesaid materials available to Licensee for Licensee's use. Although this transfer specifically provides the Licensee with the use of any and all computer software necessary or convenient for the commercialization of the Licensed Technology, this transfer of technology shall specifically exclude access by the Licensee to the computer software source code(s) and other underlying data acquisition and processing technologies. Nevertheless, Licensor shall place a copy of the Source Code and working descriptions of the underlying data acquisition and processing technologies in a safe deposit box in a bank of Licensor's choice under the name of an escrow agent selected by Licensor, with instructions that such Source Code shall be delivered to Licensee if and when Licensee shall have produced for said escrow agent an order from a court of competent jurisdiction, based on an evidentiary hearing finding that Licensor has ceased to do business or is otherwise no longer capable of providing appropriate maintenance for the source code for the Licensed Technology, directing said escrow agent to deliver said Source Code to Licensee. The escrow agent shall have the right to challenge the jurisdiction of the court issuing such an order and to collaterally attack the order of such court, if it appears to the escrow agent in such agent's sole and absolute discretion, that the rights of Licensor have not been properly represented or protected in the proceeding leading to the issuance of the order. Only when the validity of such order, if challenged, has been upheld by a court of competent jurisdiction in the state and county where such escrow agent is domiciled, shall the escrow agent be required to deliver the Program Code to Licensee.
3.2 New Materials, Concepts, and Applications. Should Licensor develop or prepare any further documents or materials which might be used or useful in the commercialization of the Licensed Technology at any time during the term of this License Agreement, Licensor shall promptly provide Licensee with such documents or materials.
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I'm hoping that everyone is being entertained by this fantasy story - maybe one day I'll become a corporate lawyer - or the fairy godmother.
Yo, Paul... Got your ears on? Like to hear from ya, buddy...
a1a02573@bc.sympatico.ca All others need not apply. John.
PS - Next Chapter gets *REAL* Interesting.... ARTICLE IV - ROYALTIES, PAYMENTS, AND REPORTS |
