Post by account_disabled on Feb 20, 2024 2:09:23 GMT -5
However, the evidence, documentary and testimonial, demonstrated the opposite, this is the formation of the different contractual relationships as a whole , and not as autonomous or independent units, since there is the contract itself signed between SAP ESPAÑA and SCPTI. , provided in the record, in which SAP ESPAÑA raises relevant demands .
These requirements include, in addition to authorizing the marketing of the product with third parties, the contracting of its maintenance , and what is more important, it first reserves the right to accept or not an order from the end customer (user); second, it also reserves the right to contract Fax Lists directly with the end user; third, it imposes the conditions of SCPTI's contracting with third parties, and, fourth, it reserves the right to unilaterally terminate not only the contract entered into with SCPTI, but also the eventual maintenance contract signed between the third party and SCPTI.
This activity demonstrates the absolute control of SAP ESPAÑA over the activities of its partner SCPTI in relation to the application that is the subject of the dispute, and also having also demonstrated that, during the implementation of the SAP SE tool, through its software, it had to authorize and validate all processes and phases of the implementation . Having confirmed, in conclusion, the joint and several contractual liability of all co-defendants as maintained by the Visualiza Legal lawyers throughout the procedure.
The same thing happened, the ruling also says, with the modifications, improvements, extensions or new developments of the tool , with the partner having to undertake to impose on the licensee or end user, to comply with the obligation "not to modify the software in any way and by no means including, but not limited to, the creation of derivative works or modifications”, being able, however, to modify the so-called All-in-One Software, but must obtain authorization for this purpose, by means of a startup code. , granted by SAP ESPAÑA or SAP SE.
These requirements include, in addition to authorizing the marketing of the product with third parties, the contracting of its maintenance , and what is more important, it first reserves the right to accept or not an order from the end customer (user); second, it also reserves the right to contract Fax Lists directly with the end user; third, it imposes the conditions of SCPTI's contracting with third parties, and, fourth, it reserves the right to unilaterally terminate not only the contract entered into with SCPTI, but also the eventual maintenance contract signed between the third party and SCPTI.
This activity demonstrates the absolute control of SAP ESPAÑA over the activities of its partner SCPTI in relation to the application that is the subject of the dispute, and also having also demonstrated that, during the implementation of the SAP SE tool, through its software, it had to authorize and validate all processes and phases of the implementation . Having confirmed, in conclusion, the joint and several contractual liability of all co-defendants as maintained by the Visualiza Legal lawyers throughout the procedure.
The same thing happened, the ruling also says, with the modifications, improvements, extensions or new developments of the tool , with the partner having to undertake to impose on the licensee or end user, to comply with the obligation "not to modify the software in any way and by no means including, but not limited to, the creation of derivative works or modifications”, being able, however, to modify the so-called All-in-One Software, but must obtain authorization for this purpose, by means of a startup code. , granted by SAP ESPAÑA or SAP SE.