List of Questions
The following work is devoted to the discussion of questions related to the agreement between Apple Inc. and the licensee (“Apple Inc.,” 2018).
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- Who are the parties to this Agreement?
- Can the party licensing the software transfer it to someone else?
- Read Section 2.3 – Google these terms. What does this Section mean?
- What is the period for this Agreement?
- Read Section 10 and Google “indemnity” – what do you think this Section means?
- Can the Licensee “assign” this Agreement? What does this mean?
- What is the Governing Law for this Agreement?
- How can Apple terminate this Agreement?
Answers to the Questions
The parties to the agreement under consideration are the world-famous Apple Inc. and the Software licensing department that handles the issuance of licenses. The latter party has the right to transfer the agreement to another participant, but it should be a named-user licensee for such a procedure to take place.
Section 2.3 clarifies that the participant in the license contract agrees with the terms of the paper under discussion comprehensively and admits that no manipulation with the software will be conducted. It means that the sale of this product (completely or partially), the rebuilding of the system, and compilation are prohibited under the terms of the contract. The licensee signs the agreement that the software of Apple Inc. is the product that cannot be reproduced in other conditions than the original ones.
The time for implementing the provisions of this agreement and introducing all the changes is one year. However, as soon as the contract expires, the agreement is automatically renewed for the same term. At the same time, there are conditions under which the operation of the contract may be interrupted, for instance, one of the parties wants to make changes or terminate the cooperation.
Indemnity implies the obligation that is imposed on the licensee in case of non-compliance with the security conditions and other requirements provided by the agreement since cybercrimes are frequent today (“UAE consumers,” 2018). In this case, Apple is obliged to inform the other party about potential losses and serious expenses to prevent difficulties in time and overcome the challenges encountered together with the contractual partner.
An opportunity to assign this agreement is possible, and in this case, it implies the right of admission when heirs or other trustees receive the assets of the company after the death of official representatives. Participants who accept this agreement are to be presented to new contractors, and witnesses should be present at the signing. All the risks and consequences of work need to be reported.
The appeal of the agreement is permissible only within the state of California, and all administrative procedures are required to be conducted here. Also, the parties to the agreement may give their consent to conduct legal proceedings in federal courts. It is important to note that Apple has the right to terminate the existing agreement if the corresponding complaint is approved by the licensee. After thirty days from the date of such notice, the contract can be terminated.
Apple Inc.: Soundtrack software license agreement. (2018). Web.
UAE consumers lost Dh3.86 billion to cybercrimes in 2017. (2018). Khaleej Times. Web.