Edmunds Perpetual Contract

[Jeff Kershner]

Do you know what "Perpetual" means?

per·pet·u·al

1. continuing or enduring forever; everlasting.
   
2. lasting an indefinitely long time: perpetual snow.
   
3. continuing or continued without intermission or interruption; ceaseless.

Edmunds legaleeze:

#7.  Dealership hereby grants to Edmunds a royalty-free, nonexclusive, non-transferable, PERPETUAL license....

Are you fully understanding your contracts?  Have you fully understood what Edmunds and TrueCar are asking of you?

 

[Alex Snyder (blog)]

That sure is an easy term to lose in a glance.

 

[joe.webb]

Not since "till death do us part" has their been such a scary clause mentioned in a mutual agreement.

 

[Mike@Carfeine]

It's important to have some experience in reading contracts. The 'perpetual' language means that since they don't own the data, they have to have permission from the dealer to continue to use the data in the event a relationship no longer exists (it was cancelled by dealer). It doesn't mean that they get to access the dealers DMS perpetually even if there is no relationship in place. For example, they can't go behind a dealers back with the user/pass, etc and grab the data even if the dealer no longer uses their services.

 

[JQ]

Perpetual -- like the constant allure, comfort, and wear-ability of  jean shorts.

 

[Alex Snyder (blog)]

Mike - the use of any contractual language is always at the interpretation of a court of law at the end of the day.  An initial implication can have a final interpretation that is different.  This is why we should have lawyers looking our contracts over. 

 

[Alex Snyder (blog)]

Now that's funny.

 

[Mike@Carfeine]

Totally agree. Some pretty good reasons to have counsel on staff. Each state does have some differences. However, there is some more standard language that can survive across state lines. Either way, dealers need to pay careful attention and continue to be vigilant.

 

[Jeff Kershner]

Read those contracts dealers! Look like EVeryCarListed wants your transactional data as well - http://forum.dealerrefresh.com/f21/yet-another-perpetual-data-feed-contract-2024.html#post16459