Announcing our new Master Classes

We’re excited to announce our new Tech Contracts Master Classes™.   Tech Contracts Master Classes™ provide an in-depth yet unusually concise, accessible review of all the clauses typically found in information technology contracts. The Master Classes program is broken into four sessions taught by your instructor, David W. Tollen, with live Q&A in each. Our inaugural program […]

IP Indemnity Exception: “Registered after the Effective Date”

This article has been superseded by an updated version.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 provider argues that it shouldn’t be responsible for IP it didn’t know about when it created its product — or at least when it signed the contract. “If we couldn’t […]

Western Banker’s Association Webinar – Recording Now Available

The one hour webinar David Tollen presented on December 3rd is now available online. Click here to access it through our host, The Western Banker’s Association. The presentation addresses how banks and other tech buyers can get the best terms for cloud computing contracts. It covers key issues at stake in SaaS and other cloud […]

Open Source in Software Procurement – 5. Data Security

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, and click here for the intro, which lists all five topics. Many licensees worry about the security of open source software. Does OSS in vendor products have vulnerabilities hackers can […]

Open Source in Software Procurement – 4. IP Indemnities

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 here for the intro, which lists all five topics. In most cases, the licensee does not need an “open source indemnity.” It doesn’t need terms specifically addressing copyleft open source […]

When Law Firms Buy Cloud Services

by David W. Tollen and Nathan Leong You’re a lawyer looking for online software and other tools to run your firm—tools like email, word processing, calendaring, timenotes, legal research, and particularly document management. You stumble across a great suite of tools from a reputable company and sign up. You love your new powers; now you’re […]

New Form: Customer’s ITMA (Information Technology Master Agreement)

We’ve posted a new contract in the forms library — and it’s available in MS Word (no charge, as always). It’s meant to serve as a customer’s primary contract for purchasing any and all IT (other than hardware or IaaS): namely, licensed software, software-as-a-service (SaaS), and/or IT professional services. You can use it to acquire […]

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 …

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 […]