SaaS Blog Posts
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 help SaaS companies get SaaS contracts […]
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 […]
Software developers are really smart (I know, as I work with lots of them on their software development agreements, etc.), but there is one blind spot that I see way too often: they trust their customers too much, and then they take things into their own hands when they don’t get paid. Hey, getting frustrated […]
The Network Advertising Initiative (NAI) has some very useful info in their 2015 Code of Conduct, that you should be aware of regarding SaaS privacy if you are in the online third party ad business. The NAI is a self regulatory governing body of third parties in the online advertising ecosystem. This group may be useful group not […]
While there are several ways to legally protect your SaaS software, copyright law is the most popular and maybe the easiest way to protect it. Every SaaS executive needs to know a few things about SaaS software and copyright law, so take a quick read of the following. Can you obtain copyright protection for your […]
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 […]
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 exactly know what they are […]
On May 9, 2014, the appellate court handed down its 69-page decision in the Oracle vs Google API copyright case. The court ruled in favor of Oracle, but did push down to the lower court some remaining issues (which I will not bore you with right now…even though it is super interesting to software attorneys). I […]
What to Know About the ‘Combination Exception’ to Infringement Indemnities. As a software licensing attorney I run into the issue of infringement indemnities all the time. These risk shifting contractual clauses can be very confusing for clients, so I thought I would explain (with a real live case and a graphic) what is called the […]
What to remember about Saas Reseller Agreement and SaaS OEM Agreement Models! There are essentially 3 different SaaS channel models: referral, reseller and OEM, which are documented in a referral agreement, SaaS reseller agreement and SaaS oem agreement. I discuss these three reseller models a lot with clients, so I thought this topic deserved a […]
3 Things to Consider When Creating your Enterprise SaaS Agreement Lots of clients ask me to help them with their enterprise SaaS agreement models. The discussion always starts with; well tell me about your ‘enterprise’ SaaS offering. Too often the clients don’t have it all mapped out, so we then talk about the following 3 […]
Every software app developer needs to know about the latest software app privacy issues, so I thought I would provide a brief summary of some of the best published privacy guidelines for app developers. You may have missed it, but the Federal Trade Commission (aka FTC), the Attorney General for the State of California, and […]
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 […]