One of the main Deposit issue is for the End User to be granted an access to the deposited material in case of a Depositor maintenance default. Therefore, the release procedure and trigger events must be clearly defined in advance and acceptable by both parties. LOGITAS agreements clearly define trigger events and the release procedure (delay, conditions, required documents…).
Deposit release procedure
LOGITAS agreements clearly define the release triggers and procedure to offer a real protection to both Depositor and Beneficiary.
The delivery of a copy of the Deposited material in no case entails the transfer of title from the defaulting Depositor to the Beneficiary. All transferred elements are for exclusively personal purposes so as to regain control over the relevant Software in compliance with the Special Agreement.
Trigger events
The LOGITAS Deposit Agreement precisely defines the release trigger event only as Permanent Default and Temporary Default. The purpose here is about a maintenance default and thus the Depositor operational capability to ensure continuity of maintenance service and not his legal situation.
A Depositor may be under Chapter 11 or a winding up procedure and still able to ensure continuity of maintenance service on the software as the development or maintenance team is still at work while a wealthy company may decide to kill a software no longer profitable.
Delivery of a Deposit copy in case of a Permanent Default
Unless otherwise agreed upon within the Specific Agreement signed by the Depositor and the Beneficiary, the release procedure will operate in the following way:
- The Beneficiary must send his request to LOGITAS by registered mail with a return notice,
- LOGITAS transmits the request within 5 days by registered mail with a return notice to the Depositor,
- The Depositor has a 21 days period to answer. In case of:
- Agreement: LOGITAS gives the Beneficiary a copy of the Deposit,
- Refusal: the challenge shall be settled under the conditions described in the litigation procedure. Read below Disputes in connection with requests for delivery of the deposit,
- Silence: LOGITAS gives the Beneficiary a copy of the Deposit.
In any event, even if the Depositor refuses a request, LOGITAS may not refuse to deliver a copy of the Deposit if so ordered by a court, in particular pursuant to an order in summary proceedings, or an arbitral award issuing from the performance of agreements between the Depositor and the Beneficiary.
The Release procedure is detailed in Art. VI of the LOGITAS Deposit Agreement.
Delivery of a Deposit copy in case of a Temporary Default
Unless otherwise agreed upon within the Specific Agreement signed by the Depositor and the Beneficiary, the release procedure will operate in the following way:
- The Beneficiary must send his request to LOGITAS by registered mail with a return notice,
- LOGITAS transmits the request within 5 days by registered mail with a return notice to the Depositor,
- The Depositor has an 8 days period to answer. In case of:
- Agreement: LOGITAS gives the Beneficiary a copy of the Deposit,
- Refusal: the challenge shall be settled under the conditions described in the litigation procedure. Read below Disputes in connection with requests for delivery of the deposit,
- Silence: LOGITAS gives the Beneficiary a copy of the Deposit.
The Release procedure is detailed in Art. VII of the LOGITAS Deposit Agreement.
Disputes in connection with requests for delivery of the deposit
To calm any dispute as quickly as possible, LOGITAS offers an arbitration procedure. The arbitrator will be chosen by the disputing parties but if no agreement can be found LOGITAS will designate an arbitrator. The commissioned arbitrator will have 15 days to determine if a failure actually occurred. Its findings will be binding.
The litigation procedure is detailed in Art. VIII of the LOGITAS Deposit Agreement.
