I have been tracking this case (Starwood vs. Hilton Hotels), as it has some really practical things to remember for every software or SAAS company regarding protecting their confidential and trade secret information (especially when some of your employees go to a competitor). As it was settled in December 2010,
If you operate a software based business you are likely using some open source code in your software. There really is nothing wrong with that, as it is really common now (and probably a best practice). But what is your process to review and track this code, and the associated
What a FBI Hostage Negotiator Can Teach You About Software Customer Negotiations. I read a really interesting negotiations book, and thought about a few takeaways for every software or SAAS company in their customer negotiations (maybe even as a software negotiations best practice). Background: The book by Gary Noesner came
Here are 3 things every software company can learn from SAP being sued under a software OEM agreement. Without going into the nitty gritty of the details of the case, here is a summary of the facts: SAP distributed and sublicensed certain AMC Technology software embedded with a SAP product. When
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
How to Get Sued Over Your Software EULA/SaaS Contract, and Lose! Ok as a EULA Attorney I thought that would grab your attention. Well, there is a recent court case you should be aware of where the software company lost big time (over its Software EULA (applies to SAAS Contracts
This question may come from time to time as part of your SAAS contact or software EULA review or negotiations, so as a software lawyer I thought I would address it. Here goes. If you have a software product or a SAAS service you should think about whether third-parties (you
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
I often get the question of which type of SaaS distribution agreement do I need (i.e.SaaS reseller agreement, SaaS distributer agreement, SaaS referral agreement or SaaS oem agreement). While these agreements could be structured differently, here are some good general rules (i.e. 80% true). Q1) Who is Paying the Vendor? A1)
Let me frame this right. When you are selling to an end user, they sometimes say/insist/require that you use their form of agreement as part of the Software agreement negotiations or SAAS agreement negotiations. So what do you do? 1) Negotiate, Negotiate. Don’t forget about this, as this is not
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
I was presenting at the OpenView CFO Forum in Boston (on SAAS contracts) last week to their portfolio companies, and at the conference I learned quite a lot from the Grant Thornton tax presenters about the current state of confusion of the applicability of SAAS sales tax. GT wrote a short
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,
While there are many different issues to include in a software or software services referral agreement (SAAS referral agreement), here are a few practical things to consider: 1) What is In and Out. What types of referrals will you pay on, and what types won’t you? Don’t forget excluding transactions
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