2012

The $27 million SaaS NDA

There are some great  lessons here regarding SaaS confidentiality agreements (aka NDAs). Background: A startup SaaS company disclosed its confidential consumer electronic buyback program information when trying to win the business from a ‘prospective customer’ = Best Buy. Best Buy gave all the right buying signals and Techforward went even further and

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What Does Your SaaS Agreement Liability Model Look Like?

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

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Did You Know That Price and Terms are Linked?

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

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Tell Your Customer to Backup Their Data

  Tell Your Customer to Backup Their Data (so Says the Utah Supreme Court) The Utah Supreme Court ruled in June 2012, that when a software vendor is sued for its software’s destruction of customer data, it really matters whether the software vendor told the customer to backup its data

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What You Don’t Want in Your Cloud Services Agreement.

Ok, I need to define a term first. ‘Strategic uncertainty’ =  when a party to say a cloud services agreement intentionally tries to create an ambiguity in a clause, so they can later use it for their benefit (in a dispute of course). Look agreements are all about certainty and rules,

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Drafting Your Cloud Services Agreement

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

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