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
Hey this used to be an easy answer (you owned them and you had possession of them), but these days of LinkedIn, Twitter, Facebook, etc., it is not so simple. Here are some thoughts on this software sales compensation issue. 1) Where are Your Sales Leads Stored (aka who has
This is an issue near and dear to me, as I have spent a large part of my career drafting and negotiating enterprise license agreement. However, what I have found is that many growing software companies are trying to figure out how to design their enterprise license agreement, so some
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
What You Should Not Do To Your Competitor (after SAP tried it and got caught). I have been reading the pleadings in the Oracle vs. SAP case (you know the 2010 $1.3 Billion judgment case), and trying to come up with a few takeaways for every growing SAAS or software
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)
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