- mandatory (cogent - may be wrong term for English law) - this clause is valid as it is in law and cannot be overridden by contract,
- non-mandatory (dispositive - again, the term may be wrong for English law) - where the clause is a default or baseline that is valid, unless the contract parties agree on something different.
Unfortunately for Oracle, in most countries the law allowing for reverse engineering (for purpose of interoperability and security) is the first kind, not the second.
- mandatory (cogent - may be wrong term for English law) - this clause is valid as it is in law and cannot be overridden by contract,
- non-mandatory (dispositive - again, the term may be wrong for English law) - where the clause is a default or baseline that is valid, unless the contract parties agree on something different.
Unfortunately for Oracle, in most countries the law allowing for reverse engineering (for purpose of interoperability and security) is the first kind, not the second.