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
So what is up with signing contracts online? Well, what is up is that it is becoming mainstream really fast, and is a great way to speed up the process of having written contracts signed (e.g. your SaaC contract template). You can now skip the faxes going back and forth,
Quick background: Oracle was sued on July 29, 2010 by the Department of Justice alleging that Oracle overcharged the government when it licensed its software. How does this work? Well, when a company wants to sell a significant volume of software to the government they file what is called a
While I know a little bit about SAAS accounting issues, there are people that know a lot more about it. I ran into Jay Howell (from BDO Seidman) at a recent SAAS seminar I presented at (regarding SAAS contracts) in Washington DC (he is the technical guru on SAAS issues
Ok as a software attorney, what I am asking are your agreements simple or complex (hey, maybe even a plain English SaaS Agreement)? Have you thought about it? I find that most companies don’t really think about these kind of issues (or at least if they do, it is on the
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
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
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
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;
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,
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
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