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Software Developers Contract Terms

Goodwin

Moving Away From Open Source: Trends in Source-Available Licensing

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Offering your software product under an open-source software (OSS) license has its advantages. By making the source code of your product available for redistribution and modification, and in many instances at no cost, you may...more

BakerHostetler

The SaaS Tacks – The Ins and Outs of Negotiating SaaS Contracts

BakerHostetler on

Partners Matt Pearson and Craig Carpenter discuss the reasons behind the urgency of SaaS contract planning and the creative ways service customers can use the terms and agreements to their advantage. Questions & Comments:...more

Spilman Thomas & Battle, PLLC

Decoded: Technology Law Insights - V 4, Issue 4, April 2023

Tech Vendors and Cybersecurity – Are They Responsible? It has long been recommended that when you contract with a technology vendor that you include an indemnity clause in the contract wherein the vendor will indemnify you...more

Spilman Thomas & Battle, PLLC

Tech Vendors and Cybersecurity – Are They Responsible?

It has long been recommended that when you contract with a technology vendor that you include an indemnity clause in the contract wherein the vendor will indemnify you if its product is compromised and results in a data...more

Morgan Lewis - Tech & Sourcing

Contract Corner: A Buyers’ Guide to Navigating Data Security Provisions in SaaS Agreements

In the era of digital transformation, businesses increasingly rely on software-as-a-service (SaaS) solutions for various operational needs. For a buyer, it is crucial to prioritize data security when negotiating SaaS...more

Morgan Lewis - Tech & Sourcing

Contract Corner: Key Components of SaaS Contracts

Software as a service (SaaS) is a distribution model where the software vendor hosts their software on their own servers, or the cloud, as opposed to the customer purchasing the software for use on their own on-premises...more

Mayer Brown

Navigating Open Source Pitfalls in Transactions

Mayer Brown on

With technology deals increasingly involving open source software (OSS), clients are seeking our help analyzing OSS licenses, developing open source policies and negotiating contract terms for open source. In this episode,...more

Proskauer - New Media & Technology

GPL Open Source Litigation Could Open the Door to Other Suits

In today’s digital age, the question isn’t whether there is open source software being used in a company’s products, but how it is being used and what license governs its use. Open source is ubiquitous.  Despite its...more

Holland & Knight LLP

Relying on NDAs in Trade Secret Cases: Can Information be Confidential but not a Trade Secret?

Holland & Knight LLP on

A Georgia jury recently found that a software contractor breached a non-disclosure/confidentiality agreement (NDA) entered in connection with a software project but did not misappropriate trade secrets. The plaintiff...more

Holland & Knight LLP

A New Wave of Class Action Lawsuits is Targeting Online Customer Tracking

Holland & Knight LLP on

Plaintiffs' firms routinely attempt to assert old laws in new ways. One of the latest trends is the use of federal and state anti-wiretap laws as a vehicle to sue software developers and businesses for the use of ubiquitous...more

Sunstein LLP

U.S. Navy is no [Software] Pirate Despite Making 430,000 Extra Copies

Sunstein LLP on

On September 20, the U.S. Court of Federal Claims dismissed a $600 million copyright infringement claim against the U.S. Navy. Bitmanagement Software GMBH v. United States involved virtual reality software that the Navy...more

Hogan Lovells

Liquidated damages on work never completed

Hogan Lovells on

The English Court of Appeal recently considered what should happen when a contractor, through its own fault, never delivers any completed work, despite having contracted to do so by a particular date. In Triple Point...more

White & Case LLP

Termination & Liquidated Damages: Less Clear than Ever

White & Case LLP on

The Court of Appeal of England & Wales considered, in respect of a delayed software project, whether a liquidated damages provision survived termination of the contract....more

Jones Day

Be Wary of Warranties for Software Design

Jones Day on

The Situation: Whether warranties accompany software used in other products turns on many factors, including whether the designer is providing a "good" or "service," statements in advertising, representations made in sales...more

Chambliss, Bahner & Stophel, P.C.

A Basic Primer on Damages Terms in Contracts

When entering into arrangements with clients or engaging vendors, startup companies may be faced with a confusing array of contractual terms, including terms that reference various types of damages. Such terms are worthy of...more

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