Practice Tips for Renegotiating Contracts due to Coronavirus Uncertainty and Changed Business Conditions
If your software company is like many, you are probably already contemplating the renegotiation of certain contracts due to the uncertainty and changed business conditions arising from the coronavirus pandemic. However, the renegotiation of contracts will inevitably open your software company up to the possibility of having to agree to terms and conditions far less […]
Force Majeure and the Coronavirus Pandemic: What Does Your Software Company Need to Know?
If you are on a law firm mailing list, it is likely that you have seen emails or alerts in the last few weeks that discuss the concept of “force majeure.” Why has the concept of force majeure suddenly become a favorite topic of law firms around the country? Well, over the month of March, […]
Why “SaaS Agreements” are not “SaaS Licenses”
Have you ever heard the term “SaaS license” or “SaaS Licensing” being used among lawyers and businesspeople? There is a misconception that there is such a concept as a “SaaS license.” However, in fact, two principles are actually being confused: the “software license” and the “SaaS agreement.” Why does this matter? Well, if you […]
Arbitration vs. Litigation: Which is Better for a SaaS Contract?
I was recently asked by a client whether arbitration or litigation in a contract was better. The issue had been raised by an attorney on the other side of the contract, who had not only tried to persuade my client to revise the specific clause in that case, but had also provided my client the […]
Careful Drafting of Pricing Terms is Key to all Software Licenses and SaaS Agreement
As a software company, do you make a special point of sending all your price schedules, payment terms, and price-related clauses to software counsel for review before you send them out the door to your potential customer? If your company is like most, my expectation would be that you are probably handling all such issues […]
Drafting SaaS and Software Licenses Effectively Requires High Level Knowledge about the Technology
There seems to be a common universal belief among many companies that there is a single form agreement circulating among software lawyers with the perfect terms that can just be cut and pasted into their agreements if they can just find the right attorney who can furnish that ‘perfect’ form agreement. I have lost count […]