Ok, I need to define a term first. ‘Strategic uncertainty’ = when a party to say a cloud services agreement intentionally tries to create an ambiguity in a clause, so they can later use it for their benefit (in a dispute of course). Look agreements are all about certainty and rules,
3 Things to Consider When Drafting Your Cloud Services Agreement While there are a lot of things you should think about when drafting your cloud services agreement, here are 3 things you should definitely think through. 1) Clarity. While not all lawyers agree, I think cloud services agreement in particular should
The simple answer is no, don’t do it. Ok, let me explain. Background: Where is this whole idea even coming from in the SaaS law or software law regime? Many customers are counseled or taught (BTW, there are lots of companies teaching your customers how to negotiate and buy from
Should I Make SHORT-Term or LONG-Term Commitments to My SaaS Customers? Have you thought about which parts of your SAAS customer contract commitments should be a short-term, and which parts should be long-term? Well, if you have not thought about it, then how about we do that now. What Should/Could
Hey this used to be an easy answer (you owned them and you had possession of them), but these days of LinkedIn, Twitter, Facebook, etc., it is not so simple. Here are some thoughts on this software sales compensation issue. 1) Where are Your Sales Leads Stored (aka who has
Gartner Wrote It (About the Cloud), But Here is a Software Attorney’s Take. Gartner wrote this interesting piece recently called the “Rights and Responsibilities for Consumers of Cloud Computing Services” and published it in the Cloudbook. It is worth a read, and I also have added some of my insights on how and
A Software Lawyer’s Take on Forrester’s Software Licensee Bill of Rights. As a software lawyer that represents software and SAAS companies, I thought my perspective on the Forrester Software Licensee Bill of Rights may be useful to you (this is something that may come up during your customer software negotiations). In case
First of all, I am not a patent attorney, but I know when to strategically use them (and I stayed at a Holiday Inn last night). A recent news story got my attention, as I think it is a great example of when to buy a SaaS patent. You may
While this may not be one of the most exciting topics, if you work with any type of SaaS agreement you will (or have) run into SaaS indemnity issues. I thought I would break this down into 4 basic issues you should know when your customer/partner asks you to indemnify
Have You Had Your Software EULA/SaaS Contract TUNEUP for 2010? You know, adjust your contracts to improve their performance…just like your car. Ok, let me explain. Every software or SAAS based business should take a look at their Software EULA or SAAS Contract each year to see if they are
Get started with a free initial consultation—fill out the form below to connect with our experts today!