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VMARK SOFTWARE, INC. v. EMC CORP.

No. 92-P-1825.

37 Mass. App. Ct. 610 (1994)

642 N.E.2d 587

VMARK SOFTWARE, INC. vs. EMC CORPORATION.

Appeals Court of Massachusetts, Middlesex.

November 18, 1994.

Attorney(s) appearing for the Case

Anthony A. Bongiorno for the plaintiff.

James C. Burling for the defendant.

Present: FINE, PORADA, & LAURENCE, JJ.

LAURENCE, J.

A common but foreseeable frustration of modern life — the failure of new computer hardware or software to work properly — produced this commercial altercation, which the parties unfortunately failed to anticipate by a contractual dispute resolution mechanism that might have avoided their time-consuming and expensive litigation. The controversy arose out of the June 1990 grant by VMark Software, Inc. (VMark), of a license to EMC Corporation...

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