You can not expressly involve or dissolve a 3rd party to an agreement
without their expressed consent to do so.
If a clause in a merger document said as much, then even more power to
the users, as the then existing D&O insurance (directors and officers of
the then Novell), would have to become liable for the actions of the
executives entering in an agreement violating the rights - which were
paid for in consideration (purchase of the product)...
No way out for them, they are just going to wait and see how much
pressure there is before making any moves...
What could it cost them, vs being quiet, and nothing really
happening.... Calculated business decision.
On 5/17/2011 10:43 AM, Justin Hansen wrote:
I'm just curious. Wouldn't a merger clause in the contract for
purchase precisely do that? We are agreeing to whatever is in the
purchase contract by making the purchase.
I'm not a lawyer but have been involved in a few mergers. I'm having a
lawyer look into this for me.
Justin Hansen
On Tue, May 17, 2011 at 10:39 AM, NokNok Developer
<[email protected] <mailto:[email protected]>> wrote:
No merger clause could rescind or do away with contract
obligations to a
3rd party (us users), without our expressed consent to be bound by
that
agreement.
So any contract in place remains in effect.
On 5/17/2011 10:27 AM, Justin Hansen wrote:
> I doubt in the US it does. Also, I haven't read the agreement
but I'm
> sure there is a clause in there about the company being bought.
>
> Justin Hansen
>
> On May 17, 2011, at 10:21 AM, Natalia
Portillo<[email protected] <mailto:[email protected]>> wrote:
>
>> -----BEGIN PGP SIGNED MESSAGE-----
>> Hash: SHA256
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>>
>> El 17/05/2011, a las 15:20, Justin Hansen escribió:
>>
>>> I don't think it's violation of contract. We made a contract with
>>> Novell. I don't think Attatchmate has an obligation to uphold the
>>> contracts Novell put in place.
>> Don't know in your exact country, but in the whole European
Union, it does.
>>
>>> Justin Hansen
>>>
>>> On May 17, 2011, at 10:16 AM, Natalia
Portillo<[email protected] <mailto:[email protected]>> wrote:
>>>
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>>>> This all smells like a flagrant violation of contract.
>>>>
>>>> We have contracted 1 full year of support and updates, and
unlimited working time of the last version we get in that year.
>>>>
>>>> Using the 30-day refund is not an option, neither it is for
lastest MonoTouch and MonoDroid versions to stop working and
activating.
>>>>
>>>> Attachmate must provide a solution (a refund PLUS an
activation-less version or giving all the IP and contracts to
Miguel's company).
>>>>
>>>> Many of us are start-ups that have spent a lot on the
licenses, in the hope of the full year contract, and not all would
be able to spend the money twice (Attachmate + Miguel).
>>>>
>>>> This is not just bad news, Attachmate is dooming a lot of us
to the bankrupt or the absolute loss of competitiveness.
>>>>
>>>> El 16/05/2011, a las 22:22, Karl Heinz Brehme Arredondo escribió:
>>>>
>>>>> Was just an idea to them, I don't know If their're watching
and without
>>>>> ideas lol
>>>>>
>>>>> On 16/05/11 17:53, "Dimitris Tavlikos"<[email protected]
<mailto:[email protected]>> wrote:
>>>>>
>>>>>> If Attachmate was so noble, we would not be having these
discussions now.
>>>>>> ;)
>>>>>>
>>>>>> Dimitris Tavlikos
>>>>>> Software Developer
>>>>>> Email: [email protected] <mailto:[email protected]>
>>>>>> Twitter: @dtavlikos
>>>>>> Blog: http://software.tavlikos.com
>>>>>>
>>>>>> 16 ??? 2011, 23:49, ?/? Karl Heinz Brehme Arredondo
>>>>>> <[email protected]
<mailto:[email protected]>> ??????:
>>>>>>
>>>>>>> At least, Attachmate could DONATE MonoTouch and MonoDroid
for his
>>>>>>> intellectual owners/creators and transfer licenses. So
they can work in
>>>>>>> new things and give us support...
>>>>>>>
>>>>>>> On 16/05/11 17:43, "JohnnyNoMates"<[email protected]
<mailto:[email protected]>> wrote:
>>>>>>>
>>>>>>>> 3 weeks? Where did you see that the new software would be
available in
>>>>>>>> 3
>>>>>>>> weeks?
>>>>>>>>
>>>>>>>> --
>>>>>>>> View this message in context:
>>>>>>>>
>>>>>>>>
http://monotouch.2284126.n4.nabble.com/So-what-happens-now-tp3527335p352
>>>>>>>> 73
>>>>>>>> 82.html
>>>>>>>> Sent from the MonoTouch mailing list archive at Nabble.com.
>>>>>>>> _______________________________________________
>>>>>>>> MonoTouch mailing list
>>>>>>>> [email protected]
<mailto:[email protected]>
>>>>>>>> http://lists.ximian.com/mailman/listinfo/monotouch
>>>>>>>
>>>>>>>
>>>>>>>
>>>>>>> _______________________________________________
>>>>>>> MonoTouch mailing list
>>>>>>> [email protected] <mailto:[email protected]>
>>>>>>> http://lists.ximian.com/mailman/listinfo/monotouch
>>>>>
>>>>>
>>>>>
>>>>> _______________________________________________
>>>>> MonoTouch mailing list
>>>>> [email protected] <mailto:[email protected]>
>>>>> http://lists.ximian.com/mailman/listinfo/monotouch
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>>>> [email protected] <mailto:[email protected]>
>>>> http://lists.ximian.com/mailman/listinfo/monotouch
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Justin Hansen
http://www.klickwerx.com
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