5 Simple Rules for Negotiating Software and IT Contracts
Capterra’s IT Management Blog just published an article by David Tollen: 5 Simple Rules for Negotiating Software and IT Contracts. It’s a customer-focused articles, addressing five mistakes customers tend to make in their tech contracts. (Sorry vendors! Capterra’s blog mainly serves customers.) Please check it out …
Re-Register for the DMCA by the End of 2017
In its ongoing effort to keep us on our toes, the Library of Congress has changed the rules governing the Digital Millennium Copyright Act. In short, if you’re already signed up to take advantage of the DMCA safe harbor, you must re-designate your agent online by the end of 2017. Without the DMCA, service providers […]
#1 Bestseller!
FYI, The Tech Contracts Handbook is the number-one bestseller on Amazon’s Business Purchasing and Buying list! Please check it out! David Tollen, THE TECH CONTRACTS HANDBOOK: Cloud Computing Agreements, Software Licenses, and Other IT Contracts for Lawyers and Businesspeople, 2nd Edition (ABA Publishing, IP Section, 2015)
New Form: Consulting Services Agreement
We’ve posted a new contract in the forms library — and it’s available to you in MS Word (no charge, as always). The new form is for professional services by a consultant. It’s friendly to the consultant, though it does give the company ownership of any IP generated on the job. It also includes confidentiality […]
New Contract Form: Mobile App License & Subscription
We’ve posted a new contract in the forms library — and it’s available to you in MS Word (no charge, as always). The new form is a mobile app terms of service: a “clickwrap” contract, meant to be downloaded with software that goes on a mobile phone or other mobile device (e.g., through the iPhone […]
New Forms for the Defense of Trade Secrets Act of 2016
We’ve just updated all the clauses and contracts at TechContracts.com to address the Defense of Trade Secrets Act of 2016 (the “DTSA”). That includes the NDA’s and the other contracts that include confidentiality clauses at the Contracts page, as well as the confidentiality-related terms in the Clauses library. (On the Contracts page, only the NDA’s […]
New Portal on Information Technology Contracts
I’m very pleased to announce the new TechContracts.com. It’s a portal on software licenses, cloud computing agreements, and other information technology contracts. It offers contract negotiators and drafters: Hundreds of Free Clauses: Including all the examples in my book, The Tech Contracts Handbook: Cloud Computing Agreements, Software Licenses, and Other Information Technology Contracts for Lawyers and Businesspeople (ABA Publishing […]
Podcast: What You Need to Know About the Cloud Services You Use
Lawyerist.com recently interviewed me on cloud computing agreements, and you can listen to the podcast at their site. Lawyerist focuses on the needs of small law firms, but the interview addresses the contracts most small businesses sign with their SaaS and other cloud vendors. In it, I discuss the negotiable versus non-negotiable contracts and the […]
The Tech Contracts Issue-Spotter
I use the table of contents from The Tech Contracts Handbook as an issue-spotter for software licenses, cloud computing agreements, and other IT contracts. I’m posting the table so others can do the same. Simply peruse the topics listed below and ask yourself whether your contract needs a clause addressing each one. Introductory Material: [deleted] xi […]
Must the Buyer Pay for Technology or Maintenance if Implementation Doesn’t Happen?
This article is a report I prepared for one of the parties in litigation outside the United States. I served as what American courts would call an expert witness. This article is published with my client’s permission. The parties’ names have been replaced, and identifying information has been removed. This article explores an issue common […]