Jul 26, 2015 18:06
8 yrs ago
1 viewer *
Spanish term

sobre las cuales manifiesta cuenta con todos los derechos

Spanish to English Law/Patents Computers: Software
The excerpt comes from the 'definitions' section of a software project contract. I'm confused about the meaning of 'manifestar', as well as what the grammatical subject(s?) of the verbs 'manifestar' and 'contar' here are:

Software de Terceros.- Programas de cómputo usados como herramientas de desarrollo en sus versiones comerciales, sobre las cuales manifiesta cuenta con todos los derechos para otorgar sublicencias y/o transmitir derechos patrimoniales y/o ceder los mismos de manera derivada u originaria, entregando a EL CLIENTE el Software con todos los derechos para usar y disponer de los derechos patrimoniales del programa de computo objeto del presente contrato durante el plazo acordado por las partes.

Here is my attempt so far:

Third-Party Software.- Computer programs used as development tools in their commercial versions, invoked include all rights to sublicense and/or transfer and/or cede derivative or original property rights, supplying the software to CLIENT with all rights to use and exercise proprietary rights to the computer program in question during the period agreed upon by the parties.

Thanks in advance for your help!
Change log

Jul 26, 2015 18:08: Darius Saczuk changed "Language pair" from "Polish to English" to "Spanish to English"

Discussion

Charles Davis Jul 26, 2015:
Subject of the verbs It must surely be the supplier of the software. This must be a contract between a supplier and a client.
Joanna Carroll Jul 26, 2015:
Please check your language pair :)

Proposed translations

14 hrs
Selected

over which it states it holds all rights

you is obviously wrong

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Note added at 14 hrs (2015-07-27 08:31:40 GMT)
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it being the provider, although it may be a he or she in your context
Something went wrong...
3 KudoZ points awarded for this answer. Comment: "Yes, it is a contract between a supplier and a client. I think you are right that it is refrring to the supplier. 'It' is the safest solution, given that the original wording is not explicit. I'm going to opt for the slightly simpler: "for which it declares all rights""
26 mins

for which you declare to have all rights

Pretty straightforward...

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Note added at 4 hrs (2015-07-26 22:28:19 GMT)
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If the other party to the contract is a company, then it should be:

for which it declares to have all rights
Note from asker:
Thank you, Ray. I like your translation of 'manifestar' as 'declare'. I'm inclined to agree with philgoddard regarding your theory about an implied 'usted'. This is a bilateral agreement, and as there is no recipient, none of the language so far has been in the second person. All statements in the document have dealt either with one of the two parties, or the terms of their agreement. I've read this sentence over and over, and I still can't figure out what the subject of these verbs is. Could it be 'software'? "Software: Programas... sobre las cuales manifiesta cuenta con todos los derechos..." 'Software' seems to be the only available singular third-person noun, but this wouldn't make sense to me: software = programs; but software also declares rights to programs?
Peer comment(s):

neutral philgoddard : This is on the right lines, but it's not "you" as far as I can see, and "declare to have" is not a correct English construction.
2 hrs
neutral Billh : not you - it
3 hrs
Yes... most likely... if the provider is a company.
Something went wrong...
7 hrs

for which you have all definitive rights

manifiesta here = definitively
Something went wrong...
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