-8- We read the license agreement to provide specifically that Nordic was licensing the Software to Vision and that Vision could sublicense the Software to FoxVideo. The agreement, for example, granted Vision “an exclusive perpetual worldwide license” to use the Software and allowed Vision to sublicense the Software to FoxVideo for its use. The agreement also stated that the license to Vision “is not a sale”, that “Except as otherwise provided herein, title and all proprietary rights (patents, trade secrets, copyrights and trade marks) to the Software, and any copy made by Vision are held by Nordic”, and that the “Software is copyrighted and is protected by United States and International Copyright Laws.” Petitioner makes no mention of these quoted statements, or the fact that the parties to the license agreement went to great lengths to include them within that agreement. Nor does petitioner explain how Vision could have sold the Software to FoxVideo when the Software was not owned, but merely licensed, by Vision. Indeed, petitioner does not even rebut the fact that Nordic licensed the Software to Vision and specifically acknowledges this fact when petitioner states that the license agreement resulted in Vision’s having a license to use the Software. We also read the Vision agreement to provide similarly that Vision licensed and did not sell the Software to FoxVideo. This agreement states that Vision sublicensed the Software to FoxVideoPage: Previous 1 2 3 4 5 6 7 8 9 Next
Last modified: May 25, 2011