Validity of a non-recourse clause without income

A partnership contract for the SaaS distribution of a software application provided for the waiver of any recourse if the expected results were not achieved. While the action is deemed admissible because the clause cannot contravene the obligation of good faith and public policy, it is unfounded: the promotional obligation is not essential and the contract was entered into with full knowledge of the facts. The ruling also reiterates the rule tha…