How to Get Sued Over Your Software EULA/SaaS Contract, and Lose! There is a court case you should be aware of where the software company lost big — and now owes the customer around $246 million for a software/services deal gone bad. The case: Dillards (the customer) sued i2 (later
This question comes up regularly during SaaS contract and software EULA review or negotiations. If you have a software product or a SaaS service, you should think about whether third parties (people you don’t have a contract with) can use or access your software, or whether it’s only accessible by
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,
Reverse Engineering Software for Interoperability — Law Update. This is a hot issue, so whether you have a software EULA or SaaS contract, you may want to learn more about reverse engineering and its legality. Most software and SaaS contracts specifically prohibit users from reverse engineering the software — this
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 case involving the Los Angeles County Sheriff’s Office says they need to pay for
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
Every software company should understand what the term software license actually means. As a software attorney that tries to keep it simple, let me briefly explain: it is the right/permission to use the software from the owner. The user is not provided with ownership (that is retained by the owner)
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
While this is a complex legal issue, let me try to simplify it: do I need a software licensing agreement or can I rely on copyright alone? One way to protect IP is via copyright law alone — no contract, and the IP owner relies on federal copyright law to
What is the Purpose of an End User Agreement (EULA or SaaS Agreement)? From the perspective of a software attorney, end user agreements are arguably more important than contracts in other industries. In most industries, the buyer purchases a tangible product they own, or generally knows what services they will
You may have noticed in electronic contracts a sentence saying that one party (always the party that wrote the contract) can change the software contract “…at any time, in its discretion…” You may have heard about the Blockbuster case. Blockbuster was supposedly transferring movie rental information to Facebook accounts, without
Can Your Customer Transfer Their Software as Part of a Reorganization? Seems like a simple issue, but can your customer transfer your software or licenses to another entity? The right way to address this is up front in your agreement — but this is too often not the case. When
A recent case was dismissed before trial because the terms of the end user agreement (EULA) were so well drafted that, as a matter of law, the case did not need to go further. In Hayes v. SpectorSoft Corporation (November 3, 2009), the judge dismissed the entire case at Summary
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