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
When you are selling to an end user, they sometimes insist that you use their form of agreement as part of the software or SaaS agreement negotiations. So what do you do? 1) Negotiate, Negotiate. This is not the time to simply say yes and hope it makes the deal
Have You Had Your Software EULA/SaaS Contract Tune-Up? Adjust your contracts to improve their performance — just like your car. Every software or SaaS business should take a look at their Software EULA or SaaS Contract each year to see if it is 100% consistent with their current model, pricing,
Signing contracts online is becoming mainstream fast, and it is a great way to speed up the process of getting written contracts signed. You can now skip faxes going back and forth and mailing of SaaS contract templates in duplicate. 1) Give It a Try. Maybe start with NDAs, Reseller
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? When a company wants to sell significant volume to the government, it files a CSP-1 (Commercial Sales Practices Format chart) as
I ran into Jay Howell (from BDO Seidman) at a SaaS seminar I presented at in Washington DC — he is the technical guru on SaaS accounting issues at BDO. A few points that resonated: 1) SaaS Accounting Rules Are Different. These rules are very different from typical rules regarding
Are your agreements simple or complex? Have you thought about whether you have a plain English SaaS agreement or plain English Terms of Service? Most companies don’t really think about this — or if they do, it’s at the bottom of the list. Let me help move it up. Step
Contract or Policy? Which One Does a Software Company Need and When! While this is a complex issue (like many legal issues), from the perspective of a software and SAAS attorney, I think there are some practical tips to remember when thinking about when to use policies and when to
What Does Your Software EULA or Software as a Service Agreement Say About Your Company? When a software, SaaS, or other IT company sends its written software EULA or SaaS agreement to a customer to close a deal, it telegraphs a message about the company and its sophistication. As a
As a SAAS lawyer, I sometimes run into the issue of “Do I need a Software as a Service Subscription Services Agreement (SAAS Agreement) or Software EULA?” In other words, what should I start with (software EULA template, or SAAS license agreement template). It is pretty easy, as it all
From the perspective of a software copyright attorney, here are the 5 most important revenue recognition issues (based on my experience), for Software Agreements and SAAS Agreements. Acceptance. Make sure there is express language in the license agreement or order that states that the software is ‘accepted’ on the order
You Lose Nothing in Software Negotiations by Showing Respect. Here is something that costs nothing but really helps when selling software or in software negotiations. As a software attorney, I can tell you it makes a difference. When negotiating with a purchasing manager or IT department member, you’re dealing with
As a software attorney, I actually think about issues like have SaaS agreement templates become commoditized (= not distinguishable or different). My short answer to this question is no. Let me explain. There are many websites that sell form agreements for less than $100, and they could be a great place
How to Inspire Your Lawyers to Write Better EULAs and SaaS Agreements. It is not easy to inspire your lawyers to write better EULAs or SaaS agreements, but it is worth a try. Watch this short video about simplifying contracts. The speaker (a non-lawyer) did a great job of inspiring
Most clients believe they have an airtight software agreement and their liability is limited to the contract value. As a general matter they are right, but there are exceptions. One of the biggest is fraud claims. Fraud Claims. Fraud claims are based on some form of misrepresentation. Under strong legal
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