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injunction or other equitable relief

English translation: money or other compensation

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02:19 Sep 19, 2001
English to English translations [PRO]
Law/Patents
English term or phrase: injunction or other equitable relief
Here is the whole clause:

Customer recognizes and acknowledges that any use or disclosure of the Licensed Program Materials in a manner inconsistent with the provisions of this Agreement would cause Maconomy irreparable damage for which other remedies would be inadequate, and Customer agrees that in the event of such use or disclosure Maconomy shall have a right to seek and obtain such INJUNCTIVE OR OTHER EQUITABLE RELIEF from a court of competent jurisdiction as may be necessary or appropriate to prevent any such use or disclosure, without limiting Maconomy’s other rights or remedies.

I would just like to know what action can be taken under this clause, so if anyone could express that in more popular terms, I'd be very grateful.
Eivind Lilleskjaeret
Local time: 16:17
English translation:money or other compensation
Explanation:
They could demand money as compensation or anything else. E.g. if you posted their information on your website they could demand that you remove those pages. The idea behind compensation is that compensation should bring the party with the damage back to his original position. Most of the times this is not possible because actions cannot be made undone. In this case the damage has to be valued and paid.
Selected response from:

Andy Lemminger
Canada
Local time: 08:17
Grading comment
Thanks, you helped me out of a tight spot there.
4 KudoZ points were awarded for this answer

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Summary of answers provided
5money or other compensation
Andy Lemminger
4equitable relief is NEVER MONETARYTatiana Neroni


  

Answers


5 mins   confidence: Answerer confidence 5/5
money or other compensation


Explanation:
They could demand money as compensation or anything else. E.g. if you posted their information on your website they could demand that you remove those pages. The idea behind compensation is that compensation should bring the party with the damage back to his original position. Most of the times this is not possible because actions cannot be made undone. In this case the damage has to be valued and paid.


    own experience as auditor
Andy Lemminger
Canada
Local time: 08:17
Native speaker of: German
PRO pts in pair: 8
Grading comment
Thanks, you helped me out of a tight spot there.
Login to enter a peer comment (or grade)

156 days   confidence: Answerer confidence 4/5Answerer confidence 4/5
equitable relief is NEVER MONETARY


Explanation:
They mean any relief other than monetary.

Equitable relief = equitable remedy - a NONMONETARY remedy, such as an injunction or SPECIFIC PERFORMANCE, obtained when monetary damages cannot adequately redress the injury.

Injunction - you're prevented by court order from doing something.

Specific performance - you're forced by court order to do something. Not doing it will result in a contempt of court offense.




    Black's Law Dictionary, 1999, p. 1297.
Tatiana Neroni
PRO pts in pair: 20
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