I have always thought that disclaimers were good things to add to SaaS agreements, but this very recent case demonstrates that they really can make a difference in a legal dispute. By the way, a disclaimer is a statement regarding things you are not liable for. Example, if you provide a medical software service, it […]
Let met explain. Some SaaS companies add all kinds of things into their SaaS agreements, and when you are finished reading the agreement you understand everything possible about their offering. While this kind of makes sense at first blush, when you unpack this a little and deal with these types of agreements on a regular basis […]
A while back I wrote a blog post about Trust Sites, and why, if you are a SaaS company, you should have one (outside of your SaaS agreement). Well, since them a lot has happened so I wanted to provide you with an update. What is New 1). Salesforce.com has […]
SaaS Indemnity – What Types of Insurance should a SaaS Company Purchase? Every SaaS company should have insurance , as any typical business should and would. However, there are a few significant differences that every SaaS company should be aware of (by the way, insurance is a form of indemnity = way to shift/move liability […]
Don’t be surprised if you don’t totally understand this SaaS agreement question, even though you want to know the answer. Ok, let me explain, and this will (hopefully) become clearer. In every SaaS transaction, the law imposes a liability model that is limited only by what your customer can prove as its damages under […]
Ok, let me explain what I mean. Enterprise customers too often want to make up their own terms (i.e rules) regarding how they use your software service. As a result, you really need to think about linking price with terms (in your SaaS agreement). How does this work, well let’s go through it. 1). De-Linking […]
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 be drafted as clear as […]
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 Be Short Term? The key […]
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 where to address the issues […]
Contract or Policy? Which One Does a Software Company Need and When! While this is a complex issue (like many legal issues), from the perspective of a software and SAAS attorney, I think there are some practical tips to remember when thinking about when to use policies and when to use contracts. FIRST, THE DEFINITIONS. Policies […]
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 […]
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 […]
I am a big believer that you have to build trust with your customers before they will work with you. So why does this matter to a lawyer? Well, for a SAAS company to build trust with its SAAS agreement, it needs to look bigger and more sophisticated that it actually is to its customers. […]
The Altimeter Group recently published a report called the Customer Bill of Rights: Software-as-a-Service which caught my attention, as I am a SAAS attorney who works on SAAS agreements (some people call them SAAS license agreements). The report is titled ’39 Best Practices to Improve Client – Vendor Relationships.’ I am not sure that this […]