Enterprise License Agreements

VSA. Why this is Great for SaaS Companies!

The VSA is a super new group called the Vendor Security Alliance. As soon as I read this article about it Link,  I realized it was a great idea for all Software as a Service (SaaS companies) and will help get cloud service contracts signed. And hey, as attorneys that

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How to use FAQs in SaaS Contract Negotiations?

I have found that FAQs are not used enough by SaaS companies as part of their selling and SaaS contract negotiation process. Here is the frame of reference, at least from my perspective: you are selling something that is intangible (aka cannot touch or feel) and your customer does not

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Enterprise License Agreements: How to Design Yours!

This is an issue near and dear to me, as I have spent a large part of my career drafting and negotiating enterprise license agreement. However, what I have found is that many growing software companies are trying to figure out how to design their enterprise license agreement, so some

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What is a Software License, and How is it Measured?

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

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Transfer Software as Part of a Reorganization

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.  

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Is Your Software Pricing Confidential?

As a software copyright attorney, I try to keep up with the most recent cases affecting software companies. As a recent case decided on September 21, 2009 illustrates, if your goal is to keep your pricing information or price lists confidential you should protect that information through the consistent use

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