Insurance companies give nuclear indemnities; tech vendors should not
This is what I call a nuclear indemnity: “Vendor shall indemnify Customer against any third party claim arising out of or related to Vendor’s breach
March 3, 2023
This is what I call a nuclear indemnity: “Vendor shall indemnify Customer against any third party claim arising out of or related to Vendor’s breach
[Things don’t stand still in the world of data privacy. See our update about the EU Adequacy Decision and next steps: https://www.techcontracts.com/2023/07/21/personal-data-transfers-schrems/] There’s been a
This article has been superseded by a more recent version. Please check it out. Contracting parties often debate whether the limit of liability should apply
Everyone should know about a new movement: open source contracts. Products and services would be sold under terms posted online by uninvolved third parties —
Here are two vital tips for software distribution contracts. They’re for any software provider retaining another company as a distributor. That includes value-added reseller (VAR)
We recently discussed typical IP issues in tech contracts, live on LinkedIn. If you have a LinkedIn account, you can watch the program, which lasts
Click here for an updated version of this post. Some companies refuse to accept California law for their deals. In most IT contracts, that’s a
In service contracts, termination for convenience clauses often call for a long notice period. The customer (usually) can terminate for any reason, but it has
During 2020, we developed terms to address Covid-19: a clause that lets the customer suspend professional services and provides a procedure to restart. It looks
“Don’t cross the streams,” says Egon in Ghostbusters (the 1984 original). “It would be bad.” Why? “Try to imagine all life as you know it
This article has been superseded by an updated version. Some intellectual property indemnities exclude claims about IP registered after the contract’s effective date. The tech
Cloud services providers often say they can’t negotiate their SLAs. All customers get the same SLA, so customizing terms for one customer would require changing
IT providers often argue that they can’t negotiate service level agreements (SLAs). They’re right in most cases, but with important exceptions. SLAs govern procedures for
An assignment clause governs whether and when a party can transfer the contract to someone else. Often, it covers what happens in a change of
Contract drafters regularly confuse cloud services with traditional products and services. They approach software-as-a-service (aka SaaS) and other cloud services as if they were either