Simulados Software, Ltd v. Photon Infotech Private, Ltd.

40 F.Supp.3d 1191 (2014)

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Nature of the Case

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Facts

P a program called Certify Teacher, which is a test simulation program used to prepare for the Texas Examinations of Educator Standards ('TExES') certification exam. P decided to port the program over to the MAC operating system. Per the contract D would complete: CD mastering, migrating the existing source code to Real Basic, convert VB project, add Mac specific BASIC code, add support for New DB format, address performance bottlenecks in product, customize for Mac operating systems, add platform specific paths, tweak for Mac Human Interface Guidelines, provide license key generation and key validation, create a web application, create website authentication certification for downloads, upgrade to database content creator, provide support for reading the content, provide support for modifying content, migrate up to three sample products, and code review. P agreed to pay $23,560 in four installments, the final of which was to be made upon delivery of a complete workable product. The Agreement was to be governed by and construed and enforced in accordance with the laws of the State of California. The errors specs called for no serious or critical defects and less than 5 medium defects. Upon delivery, P found 38 low level and 8 critical issues. P gave D a deadline of June 3, 2012, to correct an additional 17 errors. D responded by providing a link to incomplete software. To date, D has not provided P with a fully functioning web application. P filed a complaint on May 11, 2012, in the District Court for the Southern District of Texas. The case was transferred based on the choice-of-law provision in the Contract. D filed a Motion to Dismiss, which is presently before the Court.