On Demand

Negotiating Technology, Software Licensing and Cloud Deals

1h 1m

Created on September 29, 2016




Large enterprises and even the Global 100 are becoming increasingly comfortable with SaaS solutions but software licensing continues. From a negotiation and contraction, you must be mindful of the differences. In this session, technology lawyer, negotiator, author and frequent speaker on negotiating technology deals Mark Grossman gives you the benefit of what he learned in his 30 plus years as a negotiator. In this session Mark speaks to the unique customs, usages, and norms of technology deals, and the particular provisions that are critical to agreements in this area.   

Points to be covered include the following: 

  • Key provisions that should be included in every technology contract

  • How limitation of liability clauses can emasculate technology agreements

  • How to protect your data in the cloud

  • How intellectual property provisions in technology agreements can be a trap for the unwary

  • Strategies to keep technology agreements out of court

  • Negotiating technology agreements that communicate the deal in clear, simple and unambiguous terms, reducing risk to the enterprise

Learning Objectives: 

  1. Grasp why provisions including, but not limited to, data security, privacy, IT security, transition services, and service levels must be in every technology contract
  2. Understand how liability caps and carve outs can emasculate or improve your agreements
  3. Explicitly state who owns the data and how it is returned to its owner upon termination of the agreement
  4. Identify how offshore your service provider’s offshore service and data storage facilities can complicate your agreement
  5. Restrict or eliminate your service provider’s ability to terminate the agreement if the services are core to your business

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