Navigating the Complexities of Software License Agreements

As the use of information technology has played an increasingly more important role in the public and private sector, the need to draft, negotiate, and execute software license agreements has also grown significantly.  Unfortunately, many business owners, lawyers, contract specialists, and information technology experts are not always equipped with the proper means to deal with the complexities of software license agreements. To make matters more difficult, software is often proprietary to a specific company keen on using its own unilateral terms and conditions that are highly advantageous to one side and not the other. This course will explore the various components and issues related to software license agreement to ensure anyone can effectively navigate their way through the complexities of software license agreements and negotiate a good deal.

After completing this lecture, you will gain an understanding of the different types of software license agreements and how they impact the way in which you negotiate a software license agreement.

The lecture will review the basic stages of a software project to help you visualize the framework for how software projects work.

After completing this lecture, you will have a better understanding of what constitutes a license grant clause and how to negotiate it so that you are well-protected.

A brief overview of the various clauses that will be reviewed is presented to provide you a preview of what is to come in the heart of the course, namely the analysis and recommendation of contract clauses within software license agreements.

What is software escrow?  Do we need it?  And what should we include in a software escrow clause?  These are the question that are answered in this lesson to help you wrap your head around this rather confounding topic in software license agreements.

Ensuring the security of your data is key component to a well-negotiated software license agreement.  This lesson will teach you the nuts and bolts of having a robust data security clause in a software license agreement.

The warranty clause is the first of "The Big Three" clauses in a software license agreement.  This lesson will give you some tips on the basic warranties you should fight for when negotiation a software license agreement.

Next in our line up of "The Big Three" is indemnity.  What is it?  And how does with work in a software license agreement?  This lesson will take a closer look at the role of an indemnity clause.

After completing this lecture, you will have a better understanding of why a limitation of liability clause is included in software license agreement and its main three parts to ensure you are not left holding the bag.

They say the devil is in the detail and this certainly true of Service Level Agreements (SLAs).  This lesson will explore SLAs in greater detail so that you can spot the devil.

This lecture address the various aspects of the acceptance testing clause in a software license agreement, including criteria, procedures, remedies, and acceptance.

Maintenance and support is a key offering as part of a software license purchase, yet few of us think much about it or spend a great deal of time negotiating over it.  This lesson will highlight three important questions when it comes to maintenance and support to help you save money in the long run.

What is and what is not confidential?  What are the software vendor's obligations when it comes to ensuring the confidentiality of your information?  And what remedies should you have available to you in case of your confidential is mishandled?  This lesson seeks to address these questions so you have a better understanding of a non-disclosure of confidential information clause in a software license agreement.

This lesson will highlight unique insurance coverages that you need to ensure a software vendor has in case of a costly claim.

An often overlooked aspect of software license agreements is training, especially in the case of highly customized software development projects.  This lesson will provide you with tips for ensuring that you have an appropriate training clause in your software license agreements to ensure you and your staff get the right amount of training.

BONUS lecture!  After completing this lecture, you will be armed with negotiations tactics for dealing software vendors who are not even willing to negotiate their software license agreement in the first place.