Comments for Software Licensing Made Simple http://www.aberlawfirm.com Jeremy Aber represents Software, SAAS, and IT Services companies on contracting, copyright and privacy issues. Tue, 19 Jul 2011 02:11:39 +0000 hourly 1 http://wordpress.org/?v= Comment on RFP Responses Included in SaaS Contracts. WHAT? by Jeremy Aber http://www.aberlawfirm.com/2011/05/07/rfp-responses-included-in-saas-contracts-what/#comment-561 Jeremy Aber Tue, 19 Jul 2011 02:11:39 +0000 http://www.aberlawfirm.com/?p=2493#comment-561 Joe, thanks for the response. I see it differently. I don't think marketing material, or RFP responses for that matter, were purposely written to be inserted in contracts, and if they are brought into a contract I think it would create more unnecessary litigation, ambiguities and disputes than really necessary. I definitely agree that marketing material and products should align, but what comes into the 4 corners of a legal agreement is a different issue. The legal agreements often refer to user guides and technical manuals (which I think is much more appropriate as a reference point for the product). Jeremy Joe, thanks for the response.

I see it differently. I don’t think marketing material, or RFP responses for that matter, were purposely written to be inserted in contracts, and if they are brought into a contract I think it would create more unnecessary litigation, ambiguities and disputes than really necessary. I definitely agree that marketing material and products should align, but what comes into the 4 corners of a legal agreement is a different issue. The legal agreements often refer to user guides and technical manuals (which I think is much more appropriate as a reference point for the product).

Jeremy

]]> Comment on RFP Responses Included in SaaS Contracts. WHAT? by Joe http://www.aberlawfirm.com/2011/05/07/rfp-responses-included-in-saas-contracts-what/#comment-560 Joe Mon, 18 Jul 2011 19:11:18 +0000 http://www.aberlawfirm.com/?p=2493#comment-560 Sounds to me like you're not willing to stand up to what you offered to sell. If your marketing and products don't align then you must be overselling yourself to cheat the bidding system... Sounds to me like you’re not willing to stand up to what you offered to sell. If your marketing and products don’t align then you must be overselling yourself to cheat the bidding system…

]]> Comment on Should I Make SHORT-Term or LONG-Term Commitments to My SAAS Customers? by Jeremy Aber http://www.aberlawfirm.com/2011/03/03/should-i-make-short-term-or-long-term-commitments-to-my-saas-customers/#comment-503 Jeremy Aber Sat, 12 Mar 2011 00:38:03 +0000 http://www.aberlawfirm.com/?p=2215#comment-503 I think the key thing to think about is that commitments don't' have to be forever, and you can/should think about limiting them to a limited duration. For example, maybe the price gty is only for 3 years, as it is really hard to predict what the pricing and competitive landscape will look like going out several years. Thanks for the feedback. I think the key thing to think about is that commitments don’t’ have to be forever, and you can/should think about limiting them to a limited duration. For example, maybe the price gty is only for 3 years, as it is really hard to predict what the pricing and competitive landscape will look like going out several years.

Thanks for the feedback.

]]> Comment on Should I Make SHORT-Term or LONG-Term Commitments to My SAAS Customers? by Paul Ressler http://www.aberlawfirm.com/2011/03/03/should-i-make-short-term-or-long-term-commitments-to-my-saas-customers/#comment-502 Paul Ressler Fri, 11 Mar 2011 22:01:39 +0000 http://www.aberlawfirm.com/?p=2215#comment-502 I definitely agree with you on only short term commitments on features and functionality. The types of commitments that I think can and probably should be made long term are commitments on security, SLAs, data ownership and data availability at contract end. Customers are unlikely to agree without these. Pricing commitments over time are always an interesting negotiating point but usually a customer wants some type of guarantee that prices won't go up unreasonably. I definitely agree with you on only short term commitments on features and functionality.

The types of commitments that I think can and probably should be made long term are commitments on security, SLAs, data ownership and data availability at contract end. Customers are unlikely to agree without these.

Pricing commitments over time are always an interesting negotiating point but usually a customer wants some type of guarantee that prices won’t go up unreasonably.

]]> Comment on What is Up with Signing Contracts Online? by Jeremy Aber http://www.aberlawfirm.com/2010/09/25/what-is-up-with-signing-contracts-online/#comment-438 Jeremy Aber Wed, 26 Jan 2011 13:18:47 +0000 http://www.aberlawfirm.com/?p=1483#comment-438 That looks like an interesting digital signatures SAAS solution out of New Zealand. Thanks, Jeremy That looks like an interesting digital signatures SAAS solution out of New Zealand. Thanks,

Jeremy

]]> Comment on What is Up with Signing Contracts Online? by Mike Eyal http://www.aberlawfirm.com/2010/09/25/what-is-up-with-signing-contracts-online/#comment-436 Mike Eyal Wed, 26 Jan 2011 04:51:01 +0000 http://www.aberlawfirm.com/?p=1483#comment-436 Digital Signatures users based PKI keys solution by Secured signing is sign and seal the documents. After you signed any changes made to the contract the signature become invalid, and you can verify it on your desktop. This is the way to sign contract online in secured signing. Take a look at www.securedsigning.com for more info. Digital Signatures users based PKI keys solution by Secured signing is sign and seal the documents. After you signed any changes made to the contract the signature become invalid, and you can verify it on your desktop. This is the way to sign contract online in secured signing. Take a look at http://www.securedsigning.com for more info.

]]> Comment on Gartner Wrote It (About the Cloud), But Here is a Software Attorney’s Take. by Jeremy Aber http://www.aberlawfirm.com/2011/01/22/gartner-wrote-it-about-the-cloud-but-here-is-a-software-attorneys-take/#comment-411 Jeremy Aber Sun, 23 Jan 2011 20:14:25 +0000 http://www.aberlawfirm.com/?p=2030#comment-411 Peter, thanks for the comment, and you nailed it. The legal case I mentioned in this blog post (under item #1) was a case about (in part) the format of the data to be returned to the customer. While this is not a technical legal requirement, it is a great practical thing SAAS vendors should think about addressing in their agreements. Jeremy Peter, thanks for the comment, and you nailed it.

The legal case I mentioned in this blog post (under item #1) was a case about (in part) the format of the data to be returned to the customer. While this is not a technical legal requirement, it is a great practical thing SAAS vendors should think about addressing in their agreements.

Jeremy

]]> Comment on Gartner Wrote It (About the Cloud), But Here is a Software Attorney’s Take. by Peter Cohen, SaaS Marketing Strategy Advisors http://www.aberlawfirm.com/2011/01/22/gartner-wrote-it-about-the-cloud-but-here-is-a-software-attorneys-take/#comment-410 Peter Cohen, SaaS Marketing Strategy Advisors Sun, 23 Jan 2011 14:35:32 +0000 http://www.aberlawfirm.com/?p=2030#comment-410 Jeremy, Very helpful advice as always. In addition to specifying that the customer owns the data, the vendor should consider specifying the format in which data will be returned to the customer. The vendor doesn't want to put itself in a position to spend lots of time and money preparing the data into some non-standard format. Your advice is especially helpful in that you've specified which items should go in the legal agreement and which are better left to other documents. I've found that a comprehensive document on security policies and procedures, for example, can be useful in addressing the concerns of IT people involved in the evaluation and purchase process. Peter Cohen SaaS Marketing Strategy Advisors Jeremy, Very helpful advice as always.

In addition to specifying that the customer owns the data, the vendor should consider specifying the format in which data will be returned to the customer. The vendor doesn’t want to put itself in a position to spend lots of time and money preparing the data into some non-standard format.

Your advice is especially helpful in that you’ve specified which items should go in the legal agreement and which are better left to other documents. I’ve found that a comprehensive document on security policies and procedures, for example, can be useful in addressing the concerns of IT people involved in the evaluation and purchase process.

Peter Cohen
SaaS Marketing Strategy Advisors

]]> Comment on Gartner Wrote It (About the Cloud), But Here is a Software Attorney’s Take. by Tweets that mention Cloud Agreement | Cloud Contract | Software Licensing Made Simple -- Topsy.com http://www.aberlawfirm.com/2011/01/22/gartner-wrote-it-about-the-cloud-but-here-is-a-software-attorneys-take/#comment-404 Tweets that mention Cloud Agreement | Cloud Contract | Software Licensing Made Simple -- Topsy.com Sun, 23 Jan 2011 01:33:55 +0000 http://www.aberlawfirm.com/?p=2030#comment-404 [...] This post was mentioned on Twitter by Tech Venture Capital, Jeremy Aber. Jeremy Aber said: Gartner Wrote It (About the Cloud), But Here is a Software Attorney’s Take. http://goo.gl/fb/Z21Jy [...] [...] This post was mentioned on Twitter by Tech Venture Capital, Jeremy Aber. Jeremy Aber said: Gartner Wrote It (About the Cloud), But Here is a Software Attorney’s Take. http://goo.gl/fb/Z21Jy [...]

]]> Comment on A Software Lawyer’s Take on Forrester’s Software Licensee Bill of Rights. by Jeremy Aber http://www.aberlawfirm.com/2010/12/02/a-software-lawyers-take-on-forresters-software-licensee-bill-of-rights/#comment-234 Jeremy Aber Thu, 02 Dec 2010 19:49:45 +0000 http://www.aberlawfirm.com/?p=1784#comment-234 Danielle, Glad they are useful! Jeremy Danielle,

Glad they are useful!

Jeremy

]]> Comment on A Software Lawyer’s Take on Forrester’s Software Licensee Bill of Rights. by Danielle Garza http://www.aberlawfirm.com/2010/12/02/a-software-lawyers-take-on-forresters-software-licensee-bill-of-rights/#comment-233 Danielle Garza Thu, 02 Dec 2010 19:32:04 +0000 http://www.aberlawfirm.com/?p=1784#comment-233 Thanks for the guidelines regarding software negotiations. They are incredibly useful! Thanks for the guidelines regarding software negotiations. They are incredibly useful!

]]> Comment on Have You Had Your Software EULA/SAAS Contract TUNEUP for 2010? by Jeremy Aber http://www.aberlawfirm.com/2010/10/07/have-you-had-your-software-eulasaas-contract-tuneup-for-2010/#comment-110 Jeremy Aber Fri, 08 Oct 2010 22:57:41 +0000 http://www.aberlawfirm.com/?p=1515#comment-110 Thanks Peter. I find that companies too often change their model, pricing or offering, and forget to change their agreement (or just defer it). I know it may not seem fun (kind of like going to the Dentist), but I think it is really important that SAAS companies and Software companies keep their agreements up to date (it is part of the selling process!). Thanks Peter. I find that companies too often change their model, pricing or offering, and forget to change their agreement (or just defer it). I know it may not seem fun (kind of like going to the Dentist), but I think it is really important that SAAS companies and Software companies keep their agreements up to date (it is part of the selling process!).

]]> Comment on Have You Had Your Software EULA/SAAS Contract TUNEUP for 2010? by Peter Cohen, SaaS Marketing Strategy Advisors http://www.aberlawfirm.com/2010/10/07/have-you-had-your-software-eulasaas-contract-tuneup-for-2010/#comment-108 Peter Cohen, SaaS Marketing Strategy Advisors Fri, 08 Oct 2010 12:36:02 +0000 http://www.aberlawfirm.com/?p=1515#comment-108 Useful advice here, Jeremy, especially on simplifying contracts whenever possible. Complexity often leads to delays, and in a SaaS subscription model, delays in cash flow can be particularly painful. Useful advice here, Jeremy, especially on simplifying contracts whenever possible. Complexity often leads to delays, and in a SaaS subscription model, delays in cash flow can be particularly painful.

]]> Comment on What is Up with Signing Contracts Online? by Jeremy Aber http://www.aberlawfirm.com/2010/09/25/what-is-up-with-signing-contracts-online/#comment-91 Jeremy Aber Sun, 26 Sep 2010 19:26:54 +0000 http://www.aberlawfirm.com/?p=1483#comment-91 Your product looks interesting. I will take a look. Jeremy Your product looks interesting. I will take a look.

Jeremy

]]> Comment on What is Up with Signing Contracts Online? by JMW http://www.aberlawfirm.com/2010/09/25/what-is-up-with-signing-contracts-online/#comment-90 JMW Sun, 26 Sep 2010 17:14:23 +0000 http://www.aberlawfirm.com/?p=1483#comment-90 This is a great article. For even more ROI consider adding an online (SaaS) document, workflow and records management solution that is integrated with the signature tool. You will have a seamless solution from document creation to its disposition. Additionally you will have one secure location for not only the contracts but their support documents. Read our case studies at www.docuvantage.com This is a great article. For even more ROI consider adding an online (SaaS) document, workflow and records management solution that is integrated with the signature tool. You will have a seamless solution from document creation to its disposition. Additionally you will have one secure location for not only the contracts but their support documents. Read our case studies at http://www.docuvantage.com

]]> Comment on Why EDUCATION is So Important to Software Negotiations or SAAS Negotiations by Jeremy Aber http://www.aberlawfirm.com/2010/08/24/why-education-is-so-important-in-software-eula-or-saas-contract-negotiations/#comment-60 Jeremy Aber Tue, 24 Aug 2010 22:25:15 +0000 http://www.aberlawfirm.com/?p=1360#comment-60 Jodi, Great points, however I do think that, for example the FAQ and SLA you reference above could be shorter and written with less verbiage. I find that most people don't want to go through that much detail or read long paragraphs. It is kinda of an art to shorten them and write them in plain English, but I think the effort is really worth it. I do think the Msft FAQ is very comprehensive, but I suggest that is not the goal; maybe find the 10 most important issues that customers will likely need to know at list them on top, put the international issues in a different place; put more of the details in links, etc. Just a few suggestions (from my perspective at least) to make it easier to read. :) Thanks for the post! Jeremy Jodi,

Great points, however I do think that, for example the FAQ and SLA you reference above could be shorter and written with less verbiage. I find that most people don’t want to go through that much detail or read long paragraphs. It is kinda of an art to shorten them and write them in plain English, but I think the effort is really worth it. I do think the Msft FAQ is very comprehensive, but I suggest that is not the goal; maybe find the 10 most important issues that customers will likely need to know at list them on top, put the international issues in a different place; put more of the details in links, etc. Just a few suggestions (from my perspective at least) to make it easier to read. :)

Thanks for the post!

Jeremy

]]> Comment on Why EDUCATION is So Important to Software Negotiations or SAAS Negotiations by jodie_microsoft_smb http://www.aberlawfirm.com/2010/08/24/why-education-is-so-important-in-software-eula-or-saas-contract-negotiations/#comment-59 jodie_microsoft_smb Tue, 24 Aug 2010 21:49:38 +0000 http://www.aberlawfirm.com/?p=1360#comment-59 Microsoft makes it easy for buyers to understand the SaaS contracts for their Online Services. Microsoft offers the BPOS suite and CRM Online as SaaS models and publishes financially backed Service Level agreements and Terms of Use on the solution website. Buyers can also see minimum requirements and pricing on the website to avoid confusion and a phone number or click to chat option is available to ask questions before you buy. SLA for Microsoft CRM: http://smb.ms/b2XXar FAQ and SLA for Microsoft Online Services: http://smb.ms/9Crzv9 Hope that helps! Jodi E. Microsoft SMB Outreach Team msftoft@microsoft.com Microsoft makes it easy for buyers to understand the SaaS contracts for their Online Services. Microsoft offers the BPOS suite and CRM Online as SaaS models and publishes financially backed Service Level agreements and Terms of Use on the solution website. Buyers can also see minimum requirements and pricing on the website to avoid confusion and a phone number or click to chat option is available to ask questions before you buy.

SLA for Microsoft CRM: http://smb.ms/b2XXar
FAQ and SLA for Microsoft Online Services: http://smb.ms/9Crzv9

Hope that helps!
Jodi E.
Microsoft SMB Outreach Team
msftoft@microsoft.com

]]> Comment on A Software Lawyer’s Take on the Linux Foundation’s ‘NEW’ Open Compliance Program by Jeremy Aber http://www.aberlawfirm.com/2010/08/12/a-software-lawyers-take-on-the-linux-foundations-new-open-compliance-program/#comment-50 Jeremy Aber Thu, 12 Aug 2010 17:55:53 +0000 http://www.aberlawfirm.com/?p=1217#comment-50 Peter, I think those are all valid points, and I appreciate the input. My main concern is if enterprise software customers demand the Bill of Material from software vendors, it seems like there will be some added complexity (and I think unnecessarily so) in the process (i.e. not all software is integrated). I can however see other situations where having the Bill of Material will create more efficiency in the process. I suppose it all depends on how and when it is used. Peter,

I think those are all valid points, and I appreciate the input.

My main concern is if enterprise software customers demand the Bill of Material from software vendors, it seems like there will be some added complexity (and I think unnecessarily so) in the process (i.e. not all software is integrated). I can however see other situations where having the Bill of Material will create more efficiency in the process. I suppose it all depends on how and when it is used.

]]> Comment on A Software Lawyer’s Take on the Linux Foundation’s ‘NEW’ Open Compliance Program by Peter Vescuso, Black Duck http://www.aberlawfirm.com/2010/08/12/a-software-lawyers-take-on-the-linux-foundations-new-open-compliance-program/#comment-49 Peter Vescuso, Black Duck Thu, 12 Aug 2010 17:00:27 +0000 http://www.aberlawfirm.com/?p=1217#comment-49 Jeremy, Our view is this announcement is a reflection of the growing popularity and use of open source, and will help remove remove FUD, which will lead to even broader use of open source. WRT SPDX, which you point out we helped develop, there are many embedded technology companies (Moto, HP, Freescale, Qualcomm, and others) that drove and contributed to the standard. I think this is strong evidence they view it as a way to improve efficiency, reduce complexity and remove uncertainty. If players in the supply chain ecosystem use SPDX, it makes it easier for their downstream customers to manage the software they're integrating. Peter Jeremy,

Our view is this announcement is a reflection of the growing popularity and use of open source, and will help remove remove FUD, which will lead to even broader use of open source.

WRT SPDX, which you point out we helped develop, there are many embedded technology companies (Moto, HP, Freescale, Qualcomm, and others) that drove and contributed to the standard. I think this is strong evidence they view it as a way to improve efficiency, reduce complexity and remove uncertainty. If players in the supply chain ecosystem use SPDX, it makes it easier for their downstream customers to manage the software they’re integrating.

Peter

]]> Comment on Contract or Policy? Which One Does a Software Company Need and When! by Jeremy Aber http://www.aberlawfirm.com/2010/06/10/contract-or-policy-which-one-does-a-software-company-need-and-when/#comment-24 Jeremy Aber Tue, 15 Jun 2010 22:58:45 +0000 http://www.aberlawfirm.com/category/blog/?p=855#comment-24 Peter, I agree. There is no reason that these contracts need to be long or overly complicated (which they are too often), and the larger SAAS companies have shorter and simpler agreements (which is kind of counterintuitive). Most SAAS companies don't realize this is possible. Thanks for the post. Jeremy Peter, I agree.
There is no reason that these contracts need to be long or overly complicated (which they are too often), and the larger SAAS companies have shorter and simpler agreements (which is kind of counterintuitive). Most SAAS companies don’t realize this is possible. Thanks for the post. Jeremy

]]> Comment on Contract or Policy? Which One Does a Software Company Need and When! by Peter Cohen, SaaS Marketing Strategy Advisors http://www.aberlawfirm.com/2010/06/10/contract-or-policy-which-one-does-a-software-company-need-and-when/#comment-23 Peter Cohen, SaaS Marketing Strategy Advisors Tue, 15 Jun 2010 22:05:41 +0000 http://www.aberlawfirm.com/category/blog/?p=855#comment-23 Jeremy, Useful advice. I especially like "c. Shorter is better than longer." Longer,negotiable contracts tend to slow down the sales process as red-lined revisions bounce back & forth between vendor and customer. These delays constrict cash flow, which can be a particular challenge for SaaS companies. Peter Cohen SaaS Marketing Strategy Advisors www.saasmarketingstrategy.com Jeremy, Useful advice.

I especially like “c. Shorter is better than longer.” Longer,negotiable contracts tend to slow down the sales process as red-lined revisions bounce back & forth between vendor and customer. These delays constrict cash flow, which can be a particular challenge for SaaS companies.

Peter Cohen
SaaS Marketing Strategy Advisors
http://www.saasmarketingstrategy.com

]]> Comment on Have Software Agreements or SAAS Agreements Become Commoditized? by Andrew http://www.aberlawfirm.com/2010/05/04/have-softwaresaas-contracts-become-commoditized/#comment-7 Andrew Wed, 05 May 2010 13:53:23 +0000 http://www.aberlawfirm.com/?p=464#comment-7 Thanks for the article. Good advice. Thanks for the article. Good advice.

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