ABB Enterprise Software, Inc., f/k/a Ventyx
ABB Enterprise Software, Inc. appealed a decision regarding the installation of its software by the Navy, claiming a breach of their license agreement. The Board granted ABB's motion for summary judgment, ruling in favor of ABB's interpretation of the license agreement.
Material Facts
- ABB allowed the Navy to install its proprietary software on ships and Navy bases under a master license agreement.
- The Navy installed two copies of the software on aircraft carriers, which ABB claimed breached the license agreement.
- The MSLA explicitly stated that the license was for the number of servers and locations identified in the attached license matrix.
- The Licensing Matrix permitted use of the software on only one server at each location.
- The Navy's defense of equitable estoppel was based on a claimed past practice of allowing two installations under one license.
Parties
- Appellant
- ABB Enterprise Software, Inc., f/k/a Ventyx
- Respondent Agency
- Department of the Navy
- Contract Number
- N00174-05-C-0038
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