Contract Language Prohibits Copying Sample Clauses

Contract Language Prohibits Copying. The second element of plaintiff’s motion is a ruling that the license explicitly limits the number of copies the government could make of TETRA: 232 cores of TETRA, 50 seats of TETRA Enterprise Studio, and 1 backup copy. Specifically, the XXXX provided that the government “may not copy” TETRA. Plaintiff thus seeks a ruling that the XXXX prohibits copies beyond the fixed number (plus one backup) allowed by the license. Plaintiff further seeks clarification that this restriction constitutes a condition precedent to the license, and that it is not a covenant, thereby allowing plaintiff to bring a claim for copyright infringement. While the government concedes the application of the XXXX, it contends that there are several reasons the EULA’s restrictions do not prevent whatever additional copying occurred.7 The initial argument we can readily dismiss. The government contends that the XXXX was incorporated after the license was entered into and that any extra copies made before the XXXX was incorporated should not be counted. The XXXX was incorporated by reference in the original contract prior to the modification, however, and we see no basis for not deeming it to be effective. We turn now to the remaining arguments the government aims at the effectiveness of the XXXX. First, according to the government, an “order of precedence” clause in the XXXX gave priority to government rules and regulations in the event of a dispute between contract terms and rules and regulations, allowing the government to make backup copies. Second, the government adds that a Professional Services Agreement (“PSA”) included with the XXXX allowed the government to make backup copies of TETRA. Third, the government contends that a subcontract entered into between 4DD and SMS also allowed for backup copying. Finally, the government argues that an implied-in-fact license from the parties’ course of dealing allowed the government to make backup copies and copies that were essential for the use of TETRA.
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