1. DEFINITIONS. "Affiliate" is an entity that controls, controls or shares joint control with Sentry Software or the customer, with more than 50% participation. "Licensed capacity," the amount of each product allowed in the order. For licenses based on computer efficiency, the licensee agrees to use Sentry Software`s current computer classification system, available under www.sentrysoftware.net. "Order" is an agreed written or electronic document identifying sublicensing products, subject to the terms of this agreement. "Product" is the subject code for Sentry software and all accompanying documentation, including all items that Sentry Software has delivered to the customer under support. "Support" is the support service program, as specified in this agreement. The chords show all the evidence of a neat and skilful design.
They are also licences in form, since the parties are classified as licensees and licensees and the payments to be made among them are called royalties. Substance controls words to be sure, but if the parties clearly use in the hand skilled words of art in carefully drawn formal documents, we cannot assume that the words used were intended to think about what they say. We can hardly assume that their use was involuntary or the product of bumbling draftsmanship. [End of BMC`s licensing agreement] ____L tax convincingly indicates that AccuZip may be different for two main reasons: first, the case has neither set out nor implicitly the additional status. Rather, the question was whether the taxpayers, the foreign companies, had a connection for CBT purposes. Second, the transaction focused on the sale of the parent company and/or its distributor to the end consumer, which had no connection to the end user. However, the transactions analysed between the parent company and the subsidiary, related persons, are analysed here. Third, although the parent-subsidiary license agreement exists, since there is an agreement between the subsidiary and its end customers and they both grant a non-exclusive license to use, the previous agreement is broader and different since it also covers a right and the use of part of Parent`s intellectual property in computer products.
This last element was remarkably absent in AccuZip, supra. In this case, it was found that the fees paid by end-users are not "royalties or royalties". Please note that for the terms and conditions in italics of the summary above, you will find more details on the creative Commons website from which the summary is extracted (creativecommons.org/licenses/by/4.0/). 11. LICENSE TRIAL. For products made available without order and without charge, the customer may only operate the product for 30 days or for a longer period, if Sentry Software has agreed in writing, to assess whether the customer will purchase a license for the product for a fee; and the product is provided "AS IS" and without warranty.