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
I have always thought disclaimers were good things to add to SaaS agreements, but this recent case shows they really can make a difference in a legal dispute. A disclaimer is a statement regarding things you are not liable for. Example: if you provide medical software, it is a good
Tell Your Customer to Back Up Their Data (so Says the Utah Supreme Court). The Utah Supreme Court ruled in June 2012 that when a software vendor is sued for software-caused destruction of customer data, it really matters whether the software vendor told the customer to back up its data.
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