signed by the parties (‘the software’) and the documentation

English translation: No, it doesn't modify "the parties". Only the parties sign, not the documentation.

03:31 Apr 2, 2012
English language (monolingual) [PRO]
Law/Patents - Computers: Software / Software license grant
English term or phrase: signed by the parties (‘the software’) and the documentation
Hi,

I wonder:

1) whether "('the software')" in the text below modifies "the parties" or not and

2) why "documentation" can sign.

Thank you.


Subject to the following conditions, XXXXX grants the client and its authorised users a non-exclusive, non-transferable and non-sublicensable licence to use, in the form of executable code, the XXXXX software as defined in annexe A*****signed by the parties (‘the software’) and the documentation,*****provided this is installed on the authorised computer system(s) with the data source type(s) and target database instance(s) specified in annexe A. The licence is granted for the country specified in that annexe.
Worapot Sattapunkeeree
Thailand
Local time: 02:13
Selected answer:No, it doesn't modify "the parties". Only the parties sign, not the documentation.
Explanation:
The sentence is poorly written, but the software (as defined in the signed annex), is hereinafter known as "the software". The grants covers the software and also the documentation.

Selected response from:

Jack Doughty
United Kingdom
Local time: 19:13
Grading comment
Thank you
4 KudoZ points were awarded for this answer



SUMMARY OF ALL EXPLANATIONS PROVIDED
4 +4No, it doesn't modify "the parties". Only the parties sign, not the documentation.
Jack Doughty


  

Answers


2 hrs   confidence: Answerer confidence 4/5Answerer confidence 4/5 peer agreement (net): +4
No, it doesn't modify "the parties". Only the parties sign, not the documentation.


Explanation:
The sentence is poorly written, but the software (as defined in the signed annex), is hereinafter known as "the software". The grants covers the software and also the documentation.



Jack Doughty
United Kingdom
Local time: 19:13
Native speaker of: English
PRO pts in category: 56
Grading comment
Thank you

Peer comments on this answer (and responses from the answerer)
agree  Tony M: Yes, though I think it is actually 'as defined in annexe A ... and in the documentation' — though as you say, it is so poorly draughted, it remains ambiguous.
10 mins
  -> Thank you. Yes, I can see that is another possible reading of it, but a poorly drafted sentence, certainly.

agree  writeaway: it's Appendix xxxx in English. annexe is French (I suspect it's a translation). and it's not defined in the documentation. it's only the software 'as defined in'
16 mins
  -> Thank you. So far everyone who comments on this has a slightly different idea of what it means.

agree  Sharon Toh, MITI MCIL: Licence to use the software and the documentation. The software is in the form of executable codes and is defined in Annexe A which is signed by the parties (hereinafter referred to as the 'software').
3 hrs
  -> Thank you.

agree  B D Finch: I must be alone in not finding the source text poorly written! :? I also find it perfectly clear and unambiguous, so I must be missing something.
3 hrs
  -> Thank you.
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