SaaS Contracts Law Blog

Insurance Industry Guidance to Consider When Negotiating a SaaS Indemnification Clause

As a software attorney advising SaaS companies in contract negotiations, I am frequently asked for advice on negotiating indemnification clauses. While clients all have different risk tolerances when it comes to the issue of indemnification, it is always challenging to advise parties on either side of the negotiating table, as it is difficult to provide […]

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 […]

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