Okay sure, they could “afford” it, but that doesn’t mean they would want to. And if there’s even a feeling on the legal team that some day it might be an issue, why not just use what you’d someday have to switch to and start investing in that ecosystem instead? That would be making a business decision that you know could be flushing years worth of work and investment down the toilet just because.
Besides, isn’t the wording in this clause immediate loss of use? You’d either have to take the time to convert your app to something else before you sue them, which would still take a long time and give them the time to build/perfect your new lethal competitor, or sue them and shut your business down until you converted it to something, which is equally lethal.
Besides, isn’t the wording in this clause immediate loss of use? You’d either have to take the time to convert your app to something else before you sue them, which would still take a long time and give them the time to build/perfect your new lethal competitor, or sue them and shut your business down until you converted it to something, which is equally lethal.