Your limit of liability might not work on your indemnity
The parties to IT contracts generally agree that the limit of liability (LoL) won’t apply to indemnities. After all, if one party takes responsibility for
June 11, 2024
The parties to IT contracts generally agree that the limit of liability (LoL) won’t apply to indemnities. After all, if one party takes responsibility for
IT indemnities almost always address third party claims. That generates confusion, and contract-drafters often don’t even realize they misunderstand. Most clauses address the relationship between
Feedback licenses and assignments create a mess for the customer. And they’re not necessary for the vendor. Here’s a better clause.
This just in: The European Union adopted its “adequacy decision” for the European Union-U.S. Data Privacy Framework (“DPF”). The U.S. launched its process by which
This is the second of a three-post issue-spotter about contracts related to artificial intelligence, with a particular focus on gen-AI. Click here for the first
Contracts about artificial intelligence raise most of the same issues as other software agreements. But they raise unique issues too, particularly when they involve generative
Tech contracts use indemnities to address third party lawsuits. The indemnitor promises to defend a lawsuit against the indemnified party and to pay any judgments.
[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This article has been superseded by a more recent version.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