BCT Software Solutions LT v Arnold Laver & Co [2002] EWCA Civ 1033 (11 July 2002)

BCT Software Solutions LT v Arnold Laver & Co [2002] EWCA Civ 1033 (11 July 2002)

The express agreement between the parties was for a single payment for indefinite use of the software, with support services as a separate contract. The SLTSA standard terms, making the licence conditional on continued support payments, were inconsistent with the express terms and therefore not incorporated.

Citation
[2002] EWCA Civ 1033
Parties
Claimant/applicant: BCT Software Solutions Ltd; Defendant/respondent: Arnold Laver & Co Ltd
Jurisdiction
England and Wales
Judgment Date
11 July 2002
Procedural Posture
Civil Appeal / Renewed Application for Permission to Appeal From High Court (chancery Division)
Outcome
Application for permission to appeal refused
Legal Topics
Software Licensing, Incorporation of Standard Terms, Termination of Licence, Breach of Contract
Contract Law Intellectual Property Software Licensing Incorporation of Standard Terms Termination of Licence Breach of Contract

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Parties

BCT Software Solutions Ltd

Claimant/applicant

Arnold Laver & Co Ltd

Defendant/respondent

Procedural Posture

Civil Appeal / Renewed Application for Permission to Appeal From High Court (chancery Division)

Legal Issues

  1. 1 Whether the software licence was indefinite or terminable upon cessation of support services
  2. 2 Whether standard terms (SLTSA) were incorporated into the contract
  3. 3 Whether express or implied terms conflicted with standard terms

Ratio Decidendi

The express agreement between the parties was for a single payment for indefinite use of the software, with support services as a separate contract. The SLTSA standard terms, making the licence conditional on continued support payments, were inconsistent with the express terms and therefore not incorporated.

Court Disposition

Application for permission to appeal refused

Orders

  • Application refused