When negotiating a saas terms of service (representing the vendor of course), I am often trying to explain to my client the difference between an indemnity and a breach of contract claim. I have been noodling on this for years, trying to figure out a simple way of explaining probably
Let met explain. Some SaaS companies add all kinds of things into their SaaS agreements, and when you are finished reading the agreement you understand everything possible about their offering. While this kind of makes sense at first blush, when you unpack this a little and deal with these types
These Words are ‘Dangerous’ in Any SaaS or Software Agreement. I have seen wording like this in SaaS or software agreement orders or templates, and it has always bothered me. A case from 2014 addressed this issue head on, so I thought I would share the outcome of the case with
Microsoft Finally got it Right. They Created a Plain English EULA! Microsoft drafted their new Windows 8 EULA in plain English and in a way that has never been done before (at least based on what I have read … and I read lots of EULAs). The New EULA Structure. It
Ok, I need to define a term first. ‘Strategic uncertainty’ = when a party to say a cloud services agreement intentionally tries to create an ambiguity in a clause, so they can later use it for their benefit (in a dispute of course). Look agreements are all about certainty and rules,
3 Things to Consider When Drafting Your Cloud Services Agreement While there are a lot of things you should think about when drafting your cloud services agreement, here are 3 things you should definitely think through. 1) Clarity. While not all lawyers agree, I think cloud services agreement in particular should
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
What Does Your Software EULA or Software as a Service Agreement Say About Your Company? Interesting question. When a software, software as a service or other IT company sends its written software EULA or software as a service agreement to the customer as part of closing a deal, it is
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 (I can say this as I am a eula attorney). Watch this short video about simplifying contracts;
Who Else is Streamlining Their Agreements (software attorney’s take)? It appears that other legal minds out there (other than a software attorney) are thinking of ways to streamline agreements, as the in-house team at Scottish & Newcastle (a beverage company based in Scotland (I had to look that up)) has
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