This article has been superseded by an updated version.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
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
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
This post has been superseded by a more recent (and more nuanced) article. See, “Your limit of liability might not work on your indemnity.” Contracting
IT providers often argue that they can’t negotiate service level agreements (SLAs). They’re right in most cases, but with important exceptions. SLAs govern procedures for
An assignment clause governs whether and when a party can transfer the contract to someone else. Often, it covers what happens in a change of
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
Some courts won’t enforce a force majeure clause without specifics. They want to see “hurricane” specifically listed as force majeure if you claim a hurricane
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
Most SaaS vendors rely on automatic renewal terms — and love them. If the customer doesn’t think to cancel shortly before the term ends, the
Last month, the U.S. Department of State started requiring that visa applicants list their social media handles. Would-be immigrants and visitors to the U.S. don’t
The Tech Contracts Handbook warns website operators not to rely on browsewraps: contracts posted online without a click-to-agree requirement. In fact, the book warns against
Please click here for an updated version of this post. The feedback license appears in many tech contracts. It usually gives the vendor a broad,
There is no universally accepted industry standard that defines key terms like “cloud computing,” “software-as-a-service,” “platform-as-as-service,” or “infrastructure-as-a-service.” Experts disagree on these terms’ definitions, and
Some businesspeople and lawyers debate whether proposed contract terms would be fair. I think that’s an unhelpful view of contracts, for two reasons. First, it’s