In this issue:
- From the WSGR Database: Financing Trends for Q1 2013
- Valuations by Industry Segment
- Convertible Notes vs. Priced Equity in Seed Round Financings: An Illustration of Capitalization Outcomes
- To Form or Not to Form: Contract Formation in the Real World
- Excerpt from: To Form or Not to Form: Contract Formation in the Real World
A company that is selling or licensing intangible products such as software or other services to consumers and businesses frequently will wish to use contract law to protect its preexisting rights and limit liability. However, a legally enforceable contract requires acceptance. The consent to be bound by the terms of the contract is often best evidenced by a party’s signature to a written agreement. Frequently, though, in commercial transactions involving software and similar products, it may not be feasible to obtain the signatures of both parties. Nevertheless, there are other ways to form a contract. This article explores the risks of some of the different methods of contract formation.
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