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"The purchasers, including Chester, each signed a subscription agreement, a promissory note and a pledge agreement," the S.E.C. said.
The letters cited a clause in the subscription agreement prohibiting redistribution of the company's Internet connection service.
All the information is confidential; under the terms of the subscription agreement the subscribers may not reveal it to anyone else.
Moreover, since the credit report was made available to only five subscribers, who, under the subscription agreement, could not disseminate it further, it cannot be said that the report involved any strong interest in the free flow of commercial information.
"The legality and validity of the licenses was a fundamental term of the share subscription agreement between Telenor Group and Unitech Limited," said Pål Wien Espen, Telnor's general counsel, adding that the Supreme Court's move "conclusively demonstrates a clear breach of Unitech's warranties".
Moreover, since the credit report was made available to only five subscribers, who, under the terms of the subscription agreement, could not disseminate it further, it cannot be said that the report involves any "strong interest in the free flow of commercial information". Id., at 764, 96 S.Ct., at 1827.
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What about our subscription agreements with other publishers, like Springer or Science?
Clients who bought the instruments "signed subscription agreements in which they expressly acknowledged the risks associated with this investment".
Time Warner Cable sent some of its New York City cable-modem subscribers letters last week warning that operating wireless networks and inviting others to freely share them violated their subscription agreements.
[C8.] A Dispute Over Wireless Networks Time Warner Cable has warned some cable-modem subscribers that operating wireless networks and inviting others to freely share them violates their subscription agreements.
Even with signed term sheets and subscription agreements, the deal can still fall through.
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Justyna Jupowicz-Kozak
CEO of Professional Science Editing for Scientists @ prosciediting.com