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Technology & Digital Business

Software Licensing and Services

  • Overview

Software contracts have become increasing complex with the proliferation of “software as a service” as a preferred model of delivery. The contracts not only involve software licensing, but also consider hosting and other related services. Software contracts are very different than other types of commercial contracts, and an effective inventory of the rights and liabilities associated with their execution requires pervasive knowledge of how the software industry operates. Our experience representing software companies gives us unique insight into what makes software vendors tick. We routinely handle major software acquisition and implementation transactions of all types and across many different industries, from ERP solutions to website development and everything in between. We are used to contending with payment terms driven by revenue recognition, dealing with inadequate service level agreements, negotiating protections to guard against a data breach and mitigating the risk that the time and cost of the implementation will get out of hand, just to scratch the surface. We know how to review and revise subscription (SaaS) agreements and the order forms and the accompanying support/maintenance terms and conditions that go with them, master agreements for professional services and their associated statements of work, agreements for managed services, full technology outsourcing contracts and the myriad other forms of contract documents that can be involved. We take a practical, risk-oriented approach with a view to helping our clients get through the contracting process successfully. Our experience in negotiating with large, international software corporations allows us to efficiently counsel clients through the software licensing phase so they can get back to running their businesses, safe in the knowledge that their rights are protected.

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