RE: Can EDIG terminate its licensing agreement with APS/WENCOR? FL-B
posted on
Aug 25, 2005 02:44PM
What contract? What licensing agreement? Cancel what?
I don`t think any of these things exist as you seem to think. IMVHO, Wencor sends EDIG a Purchase Order for ``X`` number of units of a specified product (digEplayer) to be delivered by ``D`` day, EDIG executes. That`s the contract.
Think about what a licensing agreement is for.... Think manufacturing. You`re a Barrister, come on! I`m sure EDIG just charges for the end item, and that`s what they get paid for. Contractually, think Invitation to Bid, bid, award. Such bids don`t break down all the costs to build, etc., or disclose profit/fee (or the costs of any needed licenses from anyone). This is not a competively bid contract, but a simple purchase order. Not Time and Materials or a Cost Plus-type contract.
However, if there is some sort of contract in place (which wouldn`t be licensing agreement, but maybe some teaming/cooperation agreement/partnership, which could have carried over from APS), I would very strongly suspect that it must be expiring before year end sometime, or Brent would not have been free to make that comment (contemplated default, where he could be sued and be liable for damages found). So don`t worry about the expiration date - it`s either coming really soon or already happened, if there ever was one in the first place.
Now calm done, and move to a safe place near the center of your house! You must be a little frazzled...I shouldn`t be explaining legal stuff to lawyers!
SGE