Software Contract Agreements

Robert Bond is a Partner and Notary Public at Faegre Benson Hobson Audley. He has specialised in Intellectual Property, Information Technology and Multimedia Law since 1979, representing a wide range of international and blue chip companies. He advises a wide range of clients on IP/IT including a inventors, authors and programmers, telecommunications and multimedia businesses, publishers, breweries, banks and insurance companies as well as companies in the biotech sector.

1. explores the need for software licensing and the pros and cons of standard terms and conditions; 2. examines the different types of software contracts from software licences through to website development contracts, escrow and trusted third party agreements; 3. introduces the various laws and intellectual property rights which underpin and shape computer contracts; 4. introduces the various European Union Directives and proposals, which impact or may impact upon computer contracts; 5. analyses why and when transactions are significant enough to warrant negotiation and highlights the common mistakes often made in negotiations; 6. provides examples of supplier and customer contract negotiation preparation; 7. explains the use of Heads of Agreement and details the different terms, conditions and clauses found in software contracts, and where appropriate gives useful examples of such clauses including 'standard warranty', 'limitation of liability' and 'data protection'; 8. discusses the necessary software licence provisions from both the supplier's as well as the buyer's point of view; 9. is an introduction to negotiation principles; 10. highlights some of the negotiation tactics and techniques of suppliers; 11. analyses some of the negotiation tactics and techniques of customers; 12. suggests a number of creative problem solving solutions in contract negotiations. 13. provides examples of body language and explains its significance in negotiations; 14. discusses what is a WIN WIN deal; PLUS: 12 valuable Appendices providing various example contracts and detailed glossary of useful definitions.