Our client is a computer games developer, with offices in England, Poland and Spain, which has developed critically acclaimed AAA products for international gaming studios and publishers.
We were instructed to review and advise on a proposed Framework Agreement (“Agreement”) and supplementary Statement of Work (“SOW”) under which our client would provide software development, technical support and maintenance services to an international software company for the development of an online community-driven digital gaming metaverse.
We subsequently assisted our client by marking-up and amending the Agreement and SoW and negotiating terms with the other side. Negotiations centred around: (a) to what extent our client could suspend provision of its services for non-payment of fees; (b) our client’s ability to retain the background IP it intended to use to develop the software deliverables under the Agreement; (c) our client’s right to subcontract its services without the consent of its client; and (d) both parties’ rights to terminate the Agreement and each SOW, and the consequences of such termination.
This was a cross-border matter as the other side were a French business seeking for the agreement to be governed by French law.
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