Short answer: a software or SaaS company should consider buying a patent — not just filing one — when its business model is easy to copy and it faces real execution risk. A purchased patent can be a defensive moat against fast-following competitors, and it gets you coverage faster than
Short answer: when a customer asks you to indemnify them, remember four things. An indemnity is really an insurance policy you are writing, the standard IT version is an infringement indemnity, there is no one-size-fits-all wording, and who hires the defense lawyer matters a lot. This may not be the
Short answer: when a customer insists you sign their form agreement (their “paper”), do not just say yes to close faster. Negotiate it, remember their changes affect your price and your timeline, and aim for paper that limits your risk, stays administratively workable, and still matches your model so you
Short answer: review your EULA or SaaS contract at least once a year, and any time you change your model or launch an offering. The goal is simple: make sure the paper still matches how you actually sell, and simplify it while you are in there. Adjust your contracts to
Short answer: online contract signing is mainstream and legally binding in the US under the federal ESIGN Act and state UETA. Use it for routine commercial agreements, and know that an e-signature is not the same thing as a clickwrap “I agree.” Electronic signatures have become standard practice for closing
Quick answer: selling software to the government means living by your own disclosed pricing. Oracle learned that the hard way. On July 29, 2010 the Department of Justice sued it for overcharging federal agencies, and in October 2011 Oracle paid $199.5 million to settle, the largest False Claims Act recovery
Short answer: SaaS revenue recognition follows different rules, and different instincts, than traditional perpetual-software licensing. Under today’s ASC 606 standard you recognize revenue as you satisfy your obligations to the customer, usually ratably across the subscription term, and what you promise about your roadmap can change that timing. Years ago
Short answer: you can figure out whether you are selling legal simplicity or legal complexity with two quick checks: is your agreement short and written in plain English, and is your sales team actually trained to handle it. Simplicity closes deals. Complexity stalls them. Are your agreements simple or complex?
Short answer: use a contract when you need a commitment neither side can change unilaterally (caps, indemnities, service levels); use a policy when you need the freedom to change the rules as your business evolves (security practices, support hours, acceptable use). The test is whether you need to be bound
Short answer: the agreement you send to close a deal telegraphs how serious and sophisticated your company is, before anyone reads a word about your product. A long, confusing one says “amateur”; a short, clear, fair one says “we do this all the time.” When a software, SaaS, or other
Short answer: if the customer primarily reaches your software through a browser, you need a SaaS subscription agreement; if the customer primarily downloads and installs your software, you need an EULA. The form follows the primary item provided, not what you call your company. As a SaaS lawyer, I sometimes
Short answer: five contract terms drive when a software or SaaS vendor can recognize revenue under ASC 606: acceptance, refund-style warranties, future deliverables, a signed agreement, and a clear, collectable fee. Get them right at signature and you control when the money books. From the perspective of a software copyright
Short answer: respect costs nothing and closes deals. The person across the table is taking a career risk by choosing you, so treating them like a person rather than a checkbox is one of the cheapest advantages in any software negotiation. Here is something that costs nothing but really helps
Short answer: no. SaaS agreement templates have not become commoditized, because the document does more than allocate risk. It explains your specific SaaS model to the customer. A $99 form can be a fine starting point, but it has to be checked against how you actually operate. As a software
Short answer: if you want to write better SaaS agreements and EULAs, give whoever drafts them one instruction: simplify. Shorter, plain-English agreements close faster, survive procurement, and hold up better if they ever reach a jury. The rest of this post is how to actually get your lawyers there. How
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