By Michael R. Overly
Even prime businesses with refined IT infrastructures and groups of legal professionals can locate themselves unprepared to house the variety of matters that may come up in IT contracting. Written through pro legal professionals, A advisor to IT Contracting: Checklists, instruments, and Techniques distills the main serious company and criminal classes discovered throughout the authors’ many years of expertise drafting and negotiating IT-related agreements.
In a unmarried quantity, readers can fast entry info on nearly all sorts of know-how contract. based to target a specific kind of IT contract, each one bankruptcy incorporates a record of crucial phrases, a quick precis of what the contract is meant to do, and an entire evaluate of the criminal and enterprise concerns which are addressed in that exact contract. offering non-legal pros with the instruments to deal with IT contracting matters, the booklet:
- Contains checklists to assist readers manage key innovations for prepared reference
- Supplies references to precious on-line assets and aids for agreement drafting
- Includes a CD-ROM with reusable checklists and entire word list that defines key criminal, company, and technical terms
Costly blunders might be shunned, chance might be prevented, and higher contracts could be drafted in case you have entry to the proper info. packed with reader-friendly checklists, this available reference will set you down that direction. caution you of the commonest pitfalls, it palms you with little-known tips and most sensible practices that will help you negotiate the foremost phrases of your IT agreements with self assurance and make sure you return out on most sensible on your subsequent agreement negotiation.
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Extra info for A Guide to IT Contracting: Checklists, Tools, and Techniques
When thinking about what provisions are required in a maintenance and support agreement, it is necessary to go back to the original critical considerations, particularly with respect to how critical the application is that your company is licensing. For the most critical applications, your company will require a level of service, such as for responses and resolutions to issues, much greater than for less critical applications where problems don’t impact the business as severely. In any maintenance and support provisions in software license agreement the parties should consider terms such as the following: • Maintenance and support fees are typically a percentage of the actual license fees that are paid by the customer to the vendor.
Read the definition of confidentiality and ensure that it is drafted to include all of the types of information that your company may be sharing with the vendor or that the vendor will have access to. Generally speaking, a broad definition of confidential information is favored. , information that was already known by the other party or was independently developed by the other party without access to your company’s confidential information), be sure to review these exclusions to ensure that they don’t conflict with the obligations of confidentiality in the agreement or otherwise lessen the vendor’s obligation to keep your confidential information confidential.
In many instances, particularly in the software license agreement context, this can be an advantageous position. • Ensure that certain things are “carved out” of the limitation of liability—both the exclusion of consequential damages and the cap on direct damages. This should, at a minimum, include damages that arise out of the vendor’s breach of its confidentiality obligations, claims for which the vendor is insured, and damages payable pursuant to and expenses incurred as a result of the vendor’s obligations to indemnify the customer under the agreement.
A Guide to IT Contracting: Checklists, Tools, and Techniques by Michael R. Overly