The tools to do technology contracts better, faster, and with more confidence
David Tollen, bestselling author of The Tech Contracts Handbook, explains contracts on a growing list of topics: A.I., the cloud, on-premise software, and more
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The Tech Contracts Handbook
A perennial #1 bestseller from the IP section of the American Bar Association, The Tech Contracts Handbook is for lawyers and business people – anyone responsible for contracts. This “how to” guide uses simple English and examples to cover key issues, negotiation tips and sample contract language.
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Don’t grant a license to SaaS, AIaaS, or other cloud services
Many software-as-a-service (SaaS) contracts grant a “license” to the vendor’s software. So do a lot of other cloud services agreements – on offerings like PaaS and AIaaS (artificial intelligence as-a-service). That’s a mistake, at least in the U.S. and jurisdictions with similar copyright laws. Licenses authorize reproduction of on-premise software
Why accept unlimited liability for “gross negligence”?
This week’s musings on tech contracts Many limits of liability (LoLs) include an exception for truly terrible conduct: | Section __ [the LoL] does not apply to … losses caused gross negligence or willful misconduct. The second part of that sentence doesn’t trouble me, since most U.S. jurisdictions won’t apply
Don’t blindly accept unlimited liability for breach of nondisclosure terms
This week’s unsolicited advice on tech contracts … In software contracts, the limit of liability (LoL) almost always comes with exceptions. One of the most common has to do with confidentiality. Liability for breach of the nondisclosure clause has no limit. Why? Most LoLs exclude nondisclosure breaches from the LoL