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
Why aren’t your policies written so they can be easily consumed by your customers and employees? Look, if Google, one of the largest and most sophisticated technology companies in the world can simplify their policies (in this case their Privacy Policy) then why can’t you (see this post by their Associate
Quick background: Oracle was sued on July 29, 2010 by the Department of Justice alleging that Oracle overcharged the government when it licensed its software. How does this work? Well, when a company wants to sell a significant volume of software to the government they file what is called a
Why EDUCATION is So Important to Software Negotiations or SaaS Negotiations Think about it. One of the most important things to remember — maybe the most important thing — is that it is really important to educate your customer, partner, etc. about your Software or SAAS model when negotiating the software
What Does a Software/SaaS Company Need to Know About the Creative Commons License Program? Any software or SAAS executive should learn about this, even if this does not affect their software EULA or SAAS contract. This is just one of those things to be aware of, because it is a
A Software Lawyer’s Take on the Linux Foundation’s ‘NEW’ Open Compliance Program On August 10, 2010 the Linux Foundation announced the Open Compliance Plan. So what is this all about and is this bad or good? Essentially, the Linux Foundation created this program to address a lot of the FUD relating
While I know a little bit about SAAS accounting issues, there are people that know a lot more about it. I ran into Jay Howell (from BDO Seidman) at a recent SAAS seminar I presented at (regarding SAAS contracts) in Washington DC (he is the technical guru on SAAS issues
Reverse Engineering Software for Interoperability – LAW UPDATE July 2010 This is a hot issue, so whether you have a software EULA or SAAS contract protecting your software, you may want to learn more about reverse engineering and its legality (i.e. looking under the hood). In essence, most software and
3 PRACTICAL Things to Remember About Collecting Sales Tax on Software Ok this is a complex issue, but let me see if I can put together a few practical things to remember (at least from the perspective of a software attorney). 1) This is a State Law Issue. You really have
Installed (not used) or Purchased Licenses. Which One Does a Customer Owe You $ For? While most customers may say they only want to pay for software eula licenses they use (not all installed), a recent reported case involving the Los Angeles County Sheriff’s Office says they need to pay for what
Ok as a software attorney, what I am asking are your agreements simple or complex (hey, maybe even a plain English SaaS Agreement or plain english Terms of Service)? Have you thought about it? I find that most companies don’t really think about these kind of issues (or at least if
Get started with a free initial consultation—fill out the form below to connect with our experts today!