Your SLA does not replace your warranty

This week’s musings on tech contracts… An article I read recently says, “Traditional warranties that cover product defects for a set time are giving way to SLAs [service level agreements], which focus on service availability and performance.” I’ve heard similar arguments elsewhere, in most cases citing the rise of software-as-a-service (SaaS) as the driver behind […]

SLA terms may be more negotiable than you think

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 procedures used for everyone. That’s often true, but customers should test the limits of SLA flexibility. Not all SLA revisions require that the provider change its procedures. Terms addressing “legal” […]

Open Source in Software Procurement – 3. Warranties

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, and click here for the intro, which lists all five topics. Fear of open source software leads licensees to draft terms like this: “Vendor warrants that the Licensed Software does […]