Adron Beene, a lawyer, writes ,. Lab-Con, Inc. The key is the good or services analysis. The court will look at the deal and determine if it is more of a sale of a good or a service. That case was Digital Ally, Inc. Unlike a traditional software license agreement, a SaaS contract is different in an even more fundamental way, since not only is there — literally — no sale of software, there is not even a license agreement.
You acknowledge that Oracle has no delivery obligation and will not ship copies of the Oracle programs to you as part of the services. Upon the end of the agreement or the services thereunder, your right to access or use the Oracle programs specified in the ordering document and the services shall terminate. Why else would a disclaimer be needed? So, for example, a common contractual clause for software license agreements including SaaS agreements will disclaim all implied warranties, like this:.
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