Short answer: mostly yes. A well-drafted limitation of liability caps your exposure near the contract value. The big exception is a fraud claim, which plaintiffs use to jump the cap. You manage that risk with anti-reliance drafting and by handling customer problems early. Most clients believe they have an airtight
If you negotiate software or SaaS deals, two books will do more for you than any “closing tactic” ever will: Getting to Yes and Difficult Conversations. Both come out of the Harvard Program on Negotiation, and both work on real deals, not just in theory. One of the most important
Short answer: the end user agreement purpose is broader than most vendors realize. In software and SaaS, an end user agreement does more than allocate risk. Its real job is to explain and support your business model, set expectations, and stay readable — with “what happens if things go wrong”
Short answer: your SaaS agreement template is a sales document as much as a legal one. If it is long, formal, and hard to read, it slows deals. So do not hand the whole job to the lawyers. Make readability a requirement. Seth Godin made a great point about marketing
Short answer: software license transfer M&A and corporate reorganization scenarios have one controlling question: what does your assignment clause say? Your customer can transfer your software in a reorganization only if your agreement says they can. Transfers on a merger, acquisition, stock sale, asset sale, or internal restructuring are governed
Short answer: SaaS trust building happens at every touchpoint, and the contract is one of the biggest. A short, clear, sophisticated agreement signals you have done this hundreds of times, which is exactly what makes enterprise buyers comfortable committing. I am a big believer that you have to build trust
Short answer: SaaS customers walk into a deal expecting clear answers on five things — data ownership and exit, security, uptime, price predictability, and liability. If your paper and your sales team address those before the customer asks, you build trust and close faster. SaaS customer expectations are predictable; get
Short answer: “Software Licensing Made Simple” is not just a blog title, it is how I practice. I write software and SaaS contracts in plain English so the people who have to live with them can actually understand them. Shorter, clearer agreements close faster, survive procurement review, and hold up
Short answer: a software or SaaS deal is not done until there is a signed written agreement. Business people often treat an oral or email “yes” as the close. Protect yourself by stating clearly, in writing, that nothing binds until both sides sign a definitive contract. There is too often
Who Else is Streamlining Their Agreements? Short answer: streamlining agreements is not about shorter sentences. It is about deciding which provisions are genuinely necessary, which are reflexes, and which belong in a policy. After doing thousands of SaaS and software deals, I can tell you most SaaS EULAs are four
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