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As a SAAS lawyer, I sometimes run into the issue of “Do I need a Software as a Service Subscription Services Agreement (SAAS Agreement) or Software EULA?” In other words, what should I start with (software EULA template, or SAAS license agreement template). It is pretty easy, as it all depends on the primary item provided. […]
From the perspective of a software copyright attorney, here are the 5 most important revenue recognition issues (based on my experience), for Software Agreements and SAAS Agreements. Acceptance. Make sure there is express language in the license agreement or order that states that the software is ‘accepted’ on the order date. I can bore you […]
You Lose Nothing in Software Negotiations by Showing Respect! Here is something that costs nothing but can really help when selling software or other IT products or services, or otherwise in software negotiations. As a software attorney, I can tell you this can make a difference. Think about it: when negotiating with a purchasing manager […]
As a software attorney, I actually think about issues like have SaaS agreement templates become commoditized (= not distinguishable or different). My short answer to this question is no. Let me explain. There are many websites that sell form agreements for less than $100, and they could be a great place for a company with a […]
Every software company should understand what the term ‘software license‘ actually means (i.e. what is a software license?). As a software attorney that tries to keep it simple, let me briefly explain this: it is the right/permission to use the software from the owner. Remember that the user is not provided with ‘ownership’ to the software […]
How to Inspire your Lawyers to Write Better EULAs and SaaS Agreements? It is not easy to inspire your lawyers to write better EULAs or SAAS agreements, but it is worth a try (I can say this as I am a eula attorney). Watch this short video about simplifying contracts; this speaker (a non-lawyer) did […]
I find that most clients believe that they have an airtight software agreement and their liability is limited to the contract value. Well, from the perspective of a software copyright attorney, as a general matter they are right, but of course there are exceptions (at least from the perspective of a software licensing attorney). Once of […]
While this is a complex legal issue, as a software copyright attorney, let me try to simplify it so it can be useful for software company or IT based company (i.e. do I need a software licensing agreement or not) Essentially, one way to protect and provide information technology is via copyright law alone, which […]
One of the most important skills of any top SaaS attorney, is their ability to negotiate and deal with difficult situations. I have read so many negotiations books, that now they all seem to sound alike. However, I go back to two books that out of every book I have read, work time and time again. […]
What is the Purpose of a End User Agreement (EULA or SaaS Agreement)? While this may seem basic, from the perspective of a software attorney, it is something that I often discuss with clients. If you think about it, end user agreements (whether an EULA or SAAS Agreement) are arguably more important than contracts in […]
Here are the 4 things to remember, from the perspective of a software copyright attorney. 1) Copyright Attaches Easily. It is relatively easy to get basic copyright protection (you know that (c) Copyright Notice on the bottom of text, articles, websites, etc.) This is something to keep in mind, as claiming that a work is […]
The New Blogging and Endorsement Guidelines by our Friends at the FTC I have been tracking this issue for a while, but I wanted to wait until I had a concise and insightful perspective before I blogged about it. So here goes. In essence, the Federal Trade Commission (FTC) published these guidelines to address what […]
SaaS Agreement Templates are Too Important to Leave to the Lawyers! Seth Godin did a great job with this perspective on marketing (‘why marketing is too important to leave to the marketing department’) but it triggered something in me (at least from the perspective of a software attorney): SaaS agreement templates are too important to be […]
Contrary to common perception, for privately held IT companies, one law firm for the company may not be the right fit; at least from the view of a software licensing attorney. The founders have a relationship with one law firm that usually handles all the legal issues. I have found that too often it is […]
I get this question often as copyright lawyer, so I thought I would briefly explain what intellectual property is (at a high level). Intellectual Property or IP, should really be viewed when compared to other types of legal property, namely real property (i.e. real estate) and tangible property (i.e. things you can see, touch and […]
As a software copyright attorney, I was wondering if you read all the electronic contracts you enter into (yea right). But just in case you had, you may have noticed one sentence in certain contracts that states that one party (always the party that wrote the electronic contract) can change the software contract “…at any […]
Whether you resell your technology using a software reseller or SAAS reseller agreement, take a read. Until recently, if you were a reseller or an informational website you could not use the trademarks of the manufacturers you represent in the ad text of your Google ads. This kind of made sense, as it is not your […]
Can Your Customer Transfer Their Software as Part of a Reorganization? Seems like a simple issue, but can your customer transfer your software or licenses to another entity? Well, the right way to address this is up front in your agreement, but this is too often not the case. Also, when it is addressed, […]
A recent case was dismissed before trial, as the terms of the end user agreement (EULA template) were so well drafted that as a matter of law it helped to resolve the main issue in the case. In Hayes vs SpectorSoft Corporation (dated November 3, 2009) the judge dismissed the entire case at the Summary […]
Did You Know the US Supreme Court Changed Software and SaaS Distributor – Reseller Law in 2007? I bet you missed it, but I always look for the software law perspective of these cases (how does this apply to software/SAAS reseller agreement, software/SAAS distribution agreements and software/SAAS oem agreements). The law used to be that […]