Attachmate Corporation v Minister of Water and Environmental Affairs (20071/2014)
Attachmate Corporation v Minister of Water and Environmental Affairs (20071/2014) [2015] ZASCA 68 (20 May 2015)
The court held that the 'applicable license fee' in clause 11 of the license agreement refers to the fee negotiated between Attachmate and the Department, specifically the Sita discounted rate, not the list price. This interpretation avoids treating clause 11 as a penalty clause and aligns with the contractual context and the contra proferentem rule. The court further found that Attachmate's claim for maintenance fees was properly a claim for damages arising from breach of contract. Had the Department complied with its obligations, it would have paid maintenance fees for all copies, including…
Source excerpt
- Software License Agreement
- Contractual Damages
- Interpretation Of Contracts
- Maintenance Fees
- Contra Proferentem Rule