Software Licence

[itsdaforo]

A software company is providing software to be used in a application. The licence states:

Software Applications. If a Software Application has less than Fifty Thousand (50,000) installs, the ******** is free for such Software Application. If a Software Application has Fifty Thousand (50,000) or more installs, ******* licensee will need to contact S within 15 days for a discussion of a potential fee structure for such Software Application.

This seems like it is too open ended to hold any legal integrity.
If they say they want 90% of the profit do I have to oblige?

 

[army judge]

A software company is providing software to be used in a application. The licence states:

Software Applications. If a Software Application has less than Fifty Thousand (50,000) installs, the ******** is free for such Software Application. If a Software Application has Fifty Thousand (50,000) or more installs, ******* licensee will need to contact S within 15 days for a discussion of a potential fee structure for such Software Application.

This seems like it is too open ended to hold any legal integrity.
If they say they want 90% of the profit do I have to oblige?

The license states: "Software Applications. If a Software Application has less than Fifty Thousand (50,000) installs, the ******** is free for such Software Application. If a Software Application has Fifty Thousand (50,000) or more installs, ******* licensee will need to contact S within 15 days for a discussion of a potential fee structure for such Software Application."

It doesn't seem to obligate you to pay, merely to discuss.

Beyond the discussion, if a payment demand is made, you're under no obligation or duty to pay, as you've tacitly agreed only to discuss upon a contingent precedent. Should such contingency appear, I don't think such a discussion is enforceable, and it isn't useful.

The "contract" was evidently created by someone unfamiliar with the law, specifically "contract law"!

If they demand 90% of your profits, I'd smile, assuming I'd be dumb enough to discuss anything with these idiots, and say, "You may THINK you deserve it, but I disagree."

Finally, that begs the question why anyone would use software created by these cheap dummies in any environment, much less their business?

I'd stay away from idiots and anything they might produce.