417.424. Contract unenforceable against customer, when, exceptions--waiver by customer void, exception.
Contract unenforceable against customer, when, exceptions--waiver bycustomer void, exception.
417.424. 1. Any contract for invention development services thatdoes not comply with the applicable provisions of sections 417.400 to417.436 is unenforceable against the customer as contrary to public policy;provided, that no contract is unenforceable if the invention developerproves that noncompliance was unintentional and resulted from a bona fideerror in spite of the developer's use of reasonable procedures adopted toavoid any such errors, and if the developer makes an appropriatecorrection.
2. Any contract for invention development services entered into by acustomer with an invention developer who has used any fraud, falsepretense, false promise, misrepresentation, misleading statement, ordeceptive practice, in respect to that customer with the intent that thecustomer rely thereon, whether or not the customer was in fact misled,deceived, or damaged, is unenforceable against the customer.
3. Any waiver by the customer of the provisions of sections 417.400to 417.436, except the waiver of confidentiality as provided in subsection2 of section 417.427, is contrary to public policy and is void andunenforceable.
(L. 1995 S.B. 80 & 88 § 417.424 subsecs. 1 to 3)