Note: The Termination Letter template, below, is append to the General Terms of Transaction of SOFTCORNER platform.
On [XXXXXXXXXXXXXX], in [XXXXXXXXXX]
Dear Sir or Madam,
In the scope of the resale of the Software Program Licences referred to in the Schedule hereto, carried out via SOFTCORNER's Service, I, the undersigned, [SURNAME, FIRST NAME], in the capacity as [POSITION] of [COMPANY NAME AND BUSINESS REGISTRATION NO. OR EQUIVALENT EUROPEAN IDENTIFICATION NO.], hereby represent and certify the following on behalf of [COMPANY NAME]:
For the purpose hereof, the term "uninstallation" shall cover all types of action aimed at deleting on a definitive basis any copy of the source or object codes for the software programs in question on the IT system on which they were installed, and any deactivation of the user key on a definitive basis. In general, uninstallation shall technically make it strictly and definitively impossible for the Company to use all or part of the software programs in question.
[COMPANY NAME] is informed that the warranties by which it is bound towards the Buyer with regard to the peaceful enjoyment of the rights accordingly transferred, and the liability which it would incur if it fails in any way whatsoever to fully and definitively uninstall the software programs in question on the specified date, with regard to (i) the Buyer, (ii) SOFTCORNER's platform and (iii) the publisher of the software programs in question.
In particular, with effect from the date on which the transaction is carried out, [COMPANY NAME] is informed that any copy, reuse or reinstallation of the software programs in question would constitute infringement, which may give rise to proceedings to order [COMPANY NAME] to cease and desist said infringement and indemnify the persons who incurred a loss due to the Company's breach of the undertakings stipulated in the resale transaction relating to Software Program Licences.
This confirmation undertaking set forth in writing was drawn up by a duly authorised legal representative of the Company, for all legal purposes and intents.
Done in [TO BE COMPLETED] on [TO BE COMPLETED] in [...] originals.
Signature and position
Compulsory company stamp
(1) Full description of the uninstalled Software Program Licences covered by the transaction