All of the below issues should be considered and worked out early on. Sometimes, in the frenzy and thrill of developing a new business, it’s easy to overlook the housekeeping issues. However, dealing with these issues farther down the road might become a major...
Decades in Business,
Technology and Digital Law
Month: February 2024
GUIDE TO NEGOTIATING AN IP INFRINGEMENT INDEMNITY CLAUSE
If you are a vendor of software, online (SaaS) services, content of any kind, or anything else that can be the subject of an intellectual property infringement claim, then sooner or later (probably sooner), your customers will demand that you indemnify them from any...
DOES YOUR STARTUP HAVE ITS INTELLECTUAL PROPERTY HOUSE IN ORDER?
When you are starting your new promising business, you want to develop your great product and get out into the market as quickly as possible, all the while keeping costs down. However, at the same time, you will likely be developing intellectual property (IP). If your...
NEGOTIATING LIMITATION OF LIABILITY CLAUSES FOR SAAS/SOFTWARE LICENSE AND SERVICES AGREEMENTS
In many license and services agreement negotiations the last clause to be finalized is the limitation of liability clause. There’s good reason for this because at the end of the day, after all the details regarding obligations and performance have been worked out and...
SOURCE CODE ESCROW FOR SAAS: FRIEND OR FOE?
Source code escrows have always been a bit of a strange beast. Though, the idea is simple enough: if there is a vendor meltdown for mission critical software, then the licensee gets a delivery of the source code in order to continue to maintain the software in a...
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