Don’t Grant Feedback Licenses (Do this Instead)
Please click here for an updated version of this post. The feedback license appears in many tech contracts. It usually gives the vendor a broad,
June 4, 2019
Please click here for an updated version of this post. The feedback license appears in many tech contracts. It usually gives the vendor a broad,
There is no universally accepted industry standard that defines key terms like “cloud computing,” “software-as-a-service,” “platform-as-as-service,” or “infrastructure-as-a-service.” Experts disagree on these terms’ definitions, and
Some businesspeople and lawyers debate whether proposed contract terms would be fair. I think that’s an unhelpful view of contracts, for two reasons. First, it’s
We’ve updated this post. Please click here for the new version. In contracts about complex services, the hardest terms to draft appear in statements of
We’ve updated this post with a new version. Please click here. By David W. Tollen Your client or colleagues wants “friendly” contract terms, to avoid
By David W. Tollen Many tech contracts require that one or both parties “comply with applicable law.” Or they require compliance with specific laws, like “all
By David W. Tollen Tech industry professionals use “intellectual property” to describe two different creatures. They also use “IP lawyer” for a broad list of professionals
By David W. Tollen Problem Your contract’s force majeure clause says hurricanes, earthquakes, wars, and other disasters excuse the vendor’s service obligations. But the contract
By David W. Tollen You’re negotiating a contract, and you send your company’s standard form agreement. The other party then marks it up — “redlines”
By David W. Tollen Many tech contracts include terms like the following: “If Customer disputes an invoice in good faith, it may withhold the amount
Many software-as-a-service (SaaS) contracts grant a “license” to use the vendor’s software. That’s a mistake. Licenses authorize making copies of on-premise software. SaaS isn’t copied,
By David W. Tollen This is the fifth in a series of five posts on Open Source in Software Procurement. Click here for the prior post,
By David W. Tollen This is the fourth in a series of five posts on Open Source in Software Procurement. Click here for the prior post, and click
By David W. Tollen This is the third in a series of five posts on Open Source in Software Procurement. Click here for the prior post,
By David W. Tollen This is the second of five posts in a series called Open Source in Software Procurement. Click here for the first/introductory post.