Many software-as-a-service (SaaS) contracts grant a "license" to the vendor's software. That's a mistake. Licenses authorize making copies of on-premise software. Customers don't copy SaaS, so they don't need a... read more →
I’m excited to announce the third edition of my book, THE TECH CONTRACTS HANDBOOK. You can buy a paperback or e-book from Amazon and other retailers or direct from ABA... read more →
“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 stopping instantaneously and every molecule... read more →
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... read more →
Here's a typical grant of rights from a software end-user license agreement (EULA): Provider hereby grants Customer a license to use 30 copies of the Software. Common though that clause... read more →
Contracting parties often debate whether the limit of liability should apply to indemnities. But few notice the problem. Even if the contract specifically says the limit applies to an indemnity... read more →
Today, we updated one of Tech Contract Academy's key sample contract forms: the Hybrid Cloud Agreement with Professional Services. It's available to you, along with the rest of our forms,... read more →
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 software products or old-style services,... read more →
Colin Levy just posted an interview with our founder, David Tollen. Colin is corporate counsel at Salary.com, and he runs a great blog about legal innovation and legal technology, at... read more →
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, so it doesn't need a... read more →
We are pleased to announce that our founder and his law firm were recently honored with two awards for excellence. David Tollen was named Internet & E-Commerce Lawyer of the... read more →
Contract drafters rarely understand open source software (OSS). They see it as a threat, so when they're buying software, they try to exclude OSS from their vendors' products. In most... read more →
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... read more →
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... read more →
I'm very pleased to announce that the American Bar Association has published the second edition of my book: The Tech Contracts Handbook -- Cloud Computing Agreements, Software Licenses, and Other... read more →
A lot of software licenses grant the recipient the right to "use" software. But the use license springs from a misunderstanding of copyright law. As a result, it's not clear.... read more →
