Software Contract Agreements

Overview

A thorough explanation of the law combined with expert guidance on negotiating and drafting the best contract for your client.

• A clear explanation of the law relating to computer contracts with particular emphasis on software licenses
• A wealth of advice, tips and techniques for successful contract negotiation and drafting
• Leading author: an expert with over 25 years’ experience in IP/IT law in a wide range of sectors
• Valuable sample contracts

Content

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 a win/win deal is.

PLUS: 12 valuable Appendices providing various example contracts and a detailed glossary of useful definitions

The author

Robert Bond is a Partner and Notary Public, at Speechly Bircham LLP. He has
specialised in Intellectual Property, Information Technology and Multimedia Law
since 1979, representing a wide range of international and blue chip compa-
nies. Robert advises a wide range of clients on IP/IT including inventors, authors
and programmers, telecommunications and multimedia businesses, publishers,
breweries, banks and insurance companies as well as companies in the biotech
sector. His skills are in negotiating and drafting the full spectrum of legal agree-
ments involved in IP/IT combined with applying commercial realism to the same.

Apart from providing legal advice, Robert is actively involved in a number of
specialist committees including the Legal Advisory Group to the Federation
Against Software Theft, the Childrens Privacy Group and the Intellectual Property
Committee of the IBA and the Privacy Committee of the World Law Group. In
addition, he is chairman of the International Chamber of Commerce (UK)
Committee on electronic business, IT and telecoms and is Chairman of the IT
& E-Commerce Committee of the Licensing Executive Society.

He is a Liveryman of the City of London Solicitors Company and also of the
Worshipful Company of Stationers and Newspaper Makers, and is a member
of the Law Society of England and Wales, the Notaries Society, and the American
Bar Association. He is the author of Software Licence Agreements (Thorogood
1997), Negotiating Tactics and Techniques for Software and Hi-Tech Agreements (Thorogood 1998), E-Licences and Software Contracts (Butterworths 2000) and Negotiating International Software Licenses and Data Transfer Agreements (Sweet & Maxwell 2000) and regularly speaks and writes on IP/IT matters.

CPD

Thorogood legal reports are accredited by The Solicitors Regulation Authority (CPD reference DVQ/THPU) for continuing professional development as distance learning education.

NB: Solicitors may claim up to 75% (12 hours) of their annual CPD requirement by undertaking distance learning education.

For more information see The Solicitors Regulation Authority

Certificate of completion

Upon reading this publication participants are invited to undertake a final assessment in the form of an on-line multiple choice paper. Upon passing, a certificate of completion will be made available to you, which can be included as part of your CPD requirements should you consider it relevant to your professional development needs.