Commercial Nature Clause Samples
The Commercial Nature clause defines the agreement as a transaction conducted for business purposes rather than for personal, family, or household use. It typically clarifies that both parties are entering into the contract as commercial entities and not as consumers, which can affect the application of certain consumer protection laws. By establishing the business context, this clause ensures that the rights and obligations of the parties are interpreted within a commercial framework, reducing ambiguity and limiting the applicability of consumer-specific regulations.
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Commercial Nature. [17] In evaluating the purpose and character of the use, the Court must also consider ‘‘whether such use is of a com- mercial nature or is for nonprofit edu- cational purposes.’’ 17 U.S.C. § 107(1). ‘‘The commercial/nonprofit dichotomy con- cerns the unfairness that arises when a secondary user makes unauthorized use of copyrighted material to capture significant revenues as a direct consequence of copy- ing the original work.’’ Am. Geophysical Union v. Texaco Inc., 60 F.3d 913, 922 (2d Cir. 1994). But ‘‘because ‘nearly all’ fair uses of copyrighted works are conducted for profit, the Second Circuit has cautioned that ‘the more transformative the new work, the less will be the significance’ of the commercial sub-factor.’’ Prince, 265 ▇. ▇▇▇▇. 3d at 382 (alteration omitted) (quot- ing Cariou ▇. ▇▇▇▇▇▇, 714 F.3d 694, 708 (2d Cir. 2013)). [18] Plaintiff argues that because the Met charges a general admission fee to out-of-town visitors to the museum, it is a commercial enterprise and therefore the use at issue is commercial, notwithstanding the Met’s status as a nonprofit organiza- tion.10 Pl. Sur-Reply at 2–3; see Def. Reply
10. Plaintiff asserts that ‘‘there can be no dis- pute that Defendant charges patrons admis- sion to view Plaintiff’s photograph on Fifth Avenue.’’ Pl. Resp. at 5. As noted in the main
Commercial Nature. The Medidata Applications, Study Use Licenses and Medidata Services are business products and services, the application of which is commercial rather than consumer-oriented in nature. In executing this Agreement, the parties recognize, to the maximum extent permitted by applicable law, that the consumer protection laws in the Territory do not apply.
Commercial Nature. The parties hereto recognize this Agreement is of a commercial nature and will be construed in accordance with applicable commercial laws. All disputes, controversies or claims (Hereinafter singularly, "Controversy" and collectively, "Controversies") arising out of this Agreement shall be settled by binding arbitration pursuant to the following express procedure: