Legal Precedents

Case No. [ insert claim number ] IN THE HIGH COURT OF JUSTICE BUSINESS AND PROPERTY COURTS OF ENGLAND & WALES INTELLECTUAL PROPERTY LIST ( Ch D) [ INTELLECTUAL PROPERTY ENTERPRISE COURT ] Before: Date: BETWEEN: [ insert full name of claimant ] Claimant and [ insert full name of defendant ] Defendant ORDER UPON the hearing of Claim [ insert claim number ], tried before [ Mr OR Mrs OR Miss OR [ insert other ] ] Justice [ insert name ] on [ insert trial date ]; AND UPON the Court having heard [ insert name ], Counsel for the Claimant(s), and [ insert name ], Counsel for the Defendant(s); AND UPON the Court handing down judgment on [ insert date ]; AND UPON the Court determining the Claimant’s claims for infringement of database right in the Claimant’s favour; [ AND UPON the Court rejecting the Defendant’s counterclaim for [ insert details of...

This Agreement is hereby entered into on [ insert date ]. Parties [ insert name ], a company duly incorporated in [ England and Wales ] under number [ insert registered number ], whose registered office is at [ insert address ] ( Party A); and [ insert name ], a company duly incorporated in [ England and Wales ] under number [ insert registered number ], whose registered office is at [ insert address ] ( Party B). Each of Party A and Party B is a party, and together Party A and Party B are the parties. Background The parties are operators of electronic communications networks in accordance with section 32 of the Communications Act 2003. The parties intend to interconnect their networks to enable the sending and the receipt of electronic communications and to furnish each other with services. The parties have settled such...

This policy sets out how the company uses free and open-source software ( FOSS), ensuring adherence to every software licence that governs its use. All employees must complete the actions described in this policy before commencing any work that involves a FOSS product or component. Typical scenarios where this policy is required include: Using FOSS to create, maintain, or otherwise administer software applications, systems, servers, or networks Including FOSS in proofs of concept, evaluations, pilot initiatives, or tools for network monitoring or debugging Employing FOSS to implement a material upgrade or modification to an existing vendor product Linking FOSS to the company’s network, or accessing FOSS from the company’s network Rolling out any major upgrade or new release of previously approved FOSS, or applying FOSS to a use case different from that previously approved Conducting due diligence on a prospective acquisition target (or an asset), or preparing for the sale of an...

This Agreement is entered into on [ insert date ] Parties [ insert name ], a company incorporated in [ England and Wales ] with registered number [ insert registered number ], whose registered office is at [ insert address ] ( Supplier); and [ insert name ], a company incorporated in [ England and Wales ] with registered number [ insert registered number ], whose registered office is at [ insert address ] ( MVNO). Each of the Supplier and the MVNO is a party and, together, the Supplier and the MVNO are the parties. Background The Supplier operates a mobile network within the Territory. The MVNO functions as a mobile virtual network operator in the Territory. The Supplier has agreed to supply wholesale mobile electronic communications services to the MVNO for onward sale [ on a pre-pay basis OR on a...

This Agreement is entered into on [ insert date ] (the Commencement Date) by and between: Parties [ insert supplier name ], a company incorporated in England and Wales, whose registered number is [ insert company number ] and whose registered office is at [ insert registered office ] ( Supplier); and [ insert customer name ], a company incorporated in England and Wales, whose registered number is [ insert company number ] and whose registered office is at [ insert registered office ] ( Customer). Each of the Supplier and the Customer is a party, and together the Supplier and the Customer are the parties. Background The Supplier is [ an experienced software developer and ] [ insert the Supplier’s background details and the background to the relevant transaction ]. The Customer is [ insert the Customer’s background details ]. ...

[ DRAFT] SETTLEMENT AGREEMENT—pre-action settlement [ WITHOUT PREJUDICE AND SUBJECT TO CONTRACT [ SUBJECT TO SIGNATURE BY PARTIES AND/ OR SUBJECT TO COURT APPROVAL ] ][ CONFIDENTIAL] This Agreement is entered into on the day of 20[ insert year ] Parties [ insert name of party ], a company incorporated in England and Wales (company number [ insert company number ]), with its registered office at [ insert address ] (‘ Party A’) [ and ] [ ; ] [ insert name of party ], a company incorporated in England and Wales (company number [ insert company number ]), with its registered office at [ insert address ] (‘ Party B’). together, the ‘ Parties’ Whereas [ Set out the context of the dispute; for instance, if it relates to a contract, identify the contract’s purpose and date, and provide a summary of the...

[ DRAFT ] SETTLEMENT AGREEMENT (for settling disputes post-commencement of proceedings) [ WITHOUT PREJUDICE AND SUBJECT TO CONTRACT [ SUBJECT TO SIGNATURE BY PARTIES AND/ OR SUBJECT TO COURT APPROVAL ] ][ CONFIDENTIAL] This Agreement is entered into on the day of 20[ insert year ] Parties: [ insert name of party ], a company incorporated in England and Wales (company number [ insert company number ]), with its registered office at [ insert address ] (‘ Party A’) [ and ] [ ; ] [ insert name of party ], a company incorporated in England and Wales (company number [ insert company number ]), with its registered office at [ insert address ] (‘ Party B’). together, the ‘ Parties’ Whereas On [ insert date ], [ insert name of claimant ] issued court proceedings in the [ insert level of court, eg, High Court of...

Defined terms This Precedent clause employs the additional defined expressions ‘ Agreement’, ‘ Business Day’, ‘ Disclosing Party’, ‘parties’, ‘person’ and ‘ Receiving Party’. These are not peculiar to data processing and are expected to be separately defined (or adjusted) as suitable within the relevant agreement. It is further taken that any references to ‘ Disclosing Party’ and ‘ Receiving Party’ will be aligned, where appropriate, to mirror the applicable defined term for each party adopted in the agreement in which this clause appears and ultimately utilised accordingly therein......

This consolidated Acceptable Use Policy was issued on [ insert date ]. Earlier versions can be found at [ insert URL ]. [ For details of Updated provisions, see: [ insert URL ]. ] 1 Introduction 1.1 This Acceptable Use Policy (as Updated periodically) forms part of our Agreement under the Master Saa S Terms. It sets out how the Customer, Authorised Affiliates and Authorised Users are permitted to access and use the Services. 1.2 Capitalised terms used in this Acceptable Use Policy take the meanings assigned in the Master Saa S Terms as applied by our Agreement, and the same interpretative rules apply. In addition, the following definitions apply in this Acceptable Use Policy: Master Saa S Terms means the most recent version of the document available at [ insert URL ], as Updated from time to time; and Virus means any programme or code capable of...

Please read this Order Form and our Agreement carefully before proceeding. Our Agreement consists of this Order Form, the Master Saa S Terms, and any additional documents incorporated into our Agreement as set out in the Master Saa S Terms. By [ executing this Order Form OR [ clicking ‘ Accept’ ] ] you agree to our Agreement on the Customer’s behalf, named in this Order Form, creating a legally binding contract with the Supplier (as defined in this Order Form). [ You represent and warrant that you possess all requisite capacity and authority to enter into our Agreement on the Customer’s behalf as a legally binding contract with the Supplier in every relevant jurisdiction, including all applicable jurisdictions. If you lack such capacity or authority, or do not wish to accept this Agreement for the named Customer, please select the [ ‘ Decline’ ] option before...

The present consolidated Data Protection Addendum was released on [ insert date ]. For earlier versions, see [ insert URL ]. [ For information about the Updated provisions, see [ insert URL ]. ] 1 Definitions 1.1 Within this Data Protection Addendum, defined terms carry the same meaning, and the same interpretative rules apply, as in the remainder of our Agreement......

These consolidated Master Saa S Terms were issued on [ insert date ]. For earlier versions, see [ insert URL ]. [ For information on Updated provisions, see [ insert URL ]. ] 1 Definitions and interpretation 1.1 The definitions and rules of interpretation set out in the Schedule apply to this Agreement. 1.2 In this Agreement: 1.2.1 Each Order Form entered into by the Customer constitutes a distinct agreement, incorporating these Master Saa S Terms together with the Addendums, the Subscribed Service Specific Terms for the relevant Subscribed Services, and the Policies (the Agreement); 1.2.2 If there is any inconsistency regarding this Agreement and/or the documents it references, the following order of precedence shall apply (from highest to lowest): the Order Form; the Subscribed Service Specific Terms; the Addendums; the Policies; the Master Saa S Terms; the...

This Agreement is entered into on [ date ] Parties [ insert name of Party A ] [ of OR a company incorporated in [ England and Wales ] under number [ insert registered number ], with its registered office at OR [ insert address ] ] ( Party A); and [ insert name of Party B ] [ of OR a company incorporated in [ England and Wales ] under number [ insert registered number ], with its registered office at OR [ insert address ] ] ( Party B), (each of Party A and Party B being a party and, together, Party A and Party B constitute the parties). Background Party A conducts the business of [ insert description of Party A’s business ]. Party B conducts the business of [ insert description of Party B’s business ]. Party A and Party B have agreed to [ insert...

This Precedent anticipates particular scenarios in which the parties prefer to place data processing terms in a dedicated Schedule rather than embedding them as clauses in the main text of the agreement, for instance because fully compliant wording can be lengthy. It derives from Precedent: Personal data processing clause—short-form—pro-controller. It also employs the additional defined expressions ‘ Agreement’, ‘ Business Day’, ‘ Customer’, ‘ Services’, ‘ Supplier’ and ‘ Supplier Personnel’, which are not unique to data processing, and it is assumed they are defined separately within the relevant agreement......

This Precedent has been prepared with scenarios in mind where the parties prefer to place data processing terms in a Schedule rather than as clauses in the agreement’s main body, for instance because compliant wording is lengthy. It draws on Precedent: Personal data processing clause—short-form—pro-processor. The Schedule also relies on additional defined expressions ‘ Agreement’, ‘ Business Day’, ‘ Charges’, ‘ Customer’, ‘ Services’, ‘ Supplier’ and ‘ Supplier Personnel’, which are not unique to data processing and are expected to be defined elsewhere in the relevant agreement......

This Agreement is dated [ insert date ]. Parties [ insert name ] [ of OR a company incorporated in [ England and Wales ] under number [ insert registered number ], with its registered office at ] [ insert address ] ( Assignor ); and [ insert name ] [ of OR a company incorporated in [ England and Wales ] under number [ insert registered number ], with its registered office at ] [ insert address ] ( Assignee ) ( Each of the Assignor and the Assignee is a party and, together, the Assignor and the Assignee are the parties.) Background The Assignor holds the copyright and database rights in the Database. The Assignee is [ insert description of the Assignee’s background/background to assignment or relevant transaction ]. The Assignor agrees to assign all such copyright and...

Definitions 1.1 Within this Schedule, the following terms apply: Business Day • refers to any day that is not, and shall not be, a Saturday, a Sunday, nor a public or bank holiday in England; Change Control Procedure • denotes the procedure set out in clause [insert] ( Change Control); [ Critical Service Level Failure • means [define as appropriate]; ] Month • signifies a calendar month; Service Credits • are the credits payable to the Customer when the Service Levels are not met or satisfied, as described in paragraph 3 and the Annex; and Service Levels • indicates the service levels detailed and defined in the Annex. 2 Service levels 2.1 The Supplier will deliver the Services in a manner that meets or surpasses the Service Levels stated in this Schedule. 2.2 The parties may add to, remove, or amend the Service Levels at any point during the Term, following the [ Change...

Docbuilder Automation...

This Agreement is entered into on [ insert date ] (the Commencement Date) between the following: Parties [ insert supplier name ] a company incorporated in England and Wales, with registered number [ insert company number ], and with its registered office at [ insert registered office ] (the Supplier); and [ insert customer name ] a company incorporated in England and Wales, with registered number [ insert company number ], and with its registered office at [ insert registered office ] (the Customer), Each of the Supplier and the Customer is a party and, together, the Supplier and the Customer are the parties. Background ( A) The Supplier’s background and the background to the relevant transaction are [ insert the Supplier’s background details and the background to the relevant transaction ]. ( B) The Customer’s background is [ insert the Customer’s background details ]. ( C) The...

This Agreement is entered into on [ insert date ] (the Commencement Date) between the following: Parties [ insert supplier name ], a company incorporated in England and Wales with registered number [ insert company number ] and whose registered office is at [ insert registered office ] (the Supplier); and [ insert customer name ], a company incorporated in England and Wales with registered number [ insert company number ] and whose registered office is at [ insert registered office ] (the Customer), each of the Supplier and the Customer being a party, and together the Supplier and the Customer being the parties. Background ( A) The Supplier is [ an experienced developer of mobile applications and ] [ insert the Supplier’s background details and the background to the relevant transaction ]. ( B) The Customer is [ insert the Customer’s background details ]. ( C) The...