May 18, 2005 21:11
19 yrs ago
29 viewers *
English term
without the requirement of posting a bond or undertaking or proving injury as a
English
Law/Patents
Law: Patents, Trademarks, Copyright
licence agreement
I am struggling with the following clause in a licence agreement:
"Licensee agrees that any breach of this Agreement by Licensee may cause irreparable damage and that, in the event of such breach,Licensor shall have the right to seek an injunction, specific performance, or other equitable relief in any court to prevent violation of these terms and WITHOUT THE REQUIREMENT OF POSTING A BOND OR UNDERTAKING OR PROVING INJURY AS A CONDITION FOR RELIEF."
Now, when backtranslating my translation into English, it could be rendered as follows:
"Licensee agrees that in case Licensee breaks this Agreement, it may cause irreparable damage and in the event of such breach,the Licensor shall have the right to seek an injunction, specific performance, or other equitable relief in any court prevent violation of these terms, and IN ORDER TO OBTAIN SUCH A RELIEF HE (THE LICENSOR) WILL NOT BE REQUIRED TO POST A BOND, TO UNDERTAKE OBLIGATIONS OR TO PROVE THAT THE INJURY HAS OCCURED."
I'd like to know if I have understood the English phrase correctly.
"Licensee agrees that any breach of this Agreement by Licensee may cause irreparable damage and that, in the event of such breach,Licensor shall have the right to seek an injunction, specific performance, or other equitable relief in any court to prevent violation of these terms and WITHOUT THE REQUIREMENT OF POSTING A BOND OR UNDERTAKING OR PROVING INJURY AS A CONDITION FOR RELIEF."
Now, when backtranslating my translation into English, it could be rendered as follows:
"Licensee agrees that in case Licensee breaks this Agreement, it may cause irreparable damage and in the event of such breach,the Licensor shall have the right to seek an injunction, specific performance, or other equitable relief in any court prevent violation of these terms, and IN ORDER TO OBTAIN SUCH A RELIEF HE (THE LICENSOR) WILL NOT BE REQUIRED TO POST A BOND, TO UNDERTAKE OBLIGATIONS OR TO PROVE THAT THE INJURY HAS OCCURED."
I'd like to know if I have understood the English phrase correctly.
Responses
| 4 +4 | yes you did |
Robert Donahue (X)
|
Responses
+4
40 mins
Selected
yes you did
...
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Note added at 42 mins (2005-05-18 21:53:37 GMT)
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WITHOUT THE REQUIREMENT OF POSTING A BOND OR UNDERTAKING OR PROVING INJURY AS A CONDITION FOR RELIEF
The Licensor need not post a bond, undertake or prove injury in order to file for relief. All that needs to be proven is that the Licensee breached the terms/conditions of the agreement.
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Note added at 42 mins (2005-05-18 21:53:37 GMT)
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WITHOUT THE REQUIREMENT OF POSTING A BOND OR UNDERTAKING OR PROVING INJURY AS A CONDITION FOR RELIEF
The Licensor need not post a bond, undertake or prove injury in order to file for relief. All that needs to be proven is that the Licensee breached the terms/conditions of the agreement.
4 KudoZ points awarded for this answer.
Comment: "Thanks a lot! :)"
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