Harbinger UK Ltd v GE Information Services Ltd: TCC 5 Aug 1999

‘These preliminary issues are concerned with the construction of an Agreement to supply and support software programs. Two questions were considered. The first was whether the termination clause may be operated so as to bring the Agreement to an end at the end of the Initial Period. The answer was that it can be so operated. The second was whether support and maintenance obligations survive a termination. The answer was that they do. Such on-going obligations were stated, in the Agreement, to survive ‘in perpetuity’. By reliance on the principles of construction of commercial agreements provided for in Investors Compensation Scheme Limited v West Bromwich Building Society, the conclusion was reached that such services should be provided for as long as the defendant was contractually required to provide them to its end users.’

Thornton C HHJ
[1999] EWHC Technology 222


Updated: 20 January 2022; Ref: scu.567814