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
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
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;
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
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
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,
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
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
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
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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