By Michael R. Overly
Even prime firms with subtle IT infrastructures and groups of attorneys can locate themselves unprepared to accommodate the variety of matters which could come up in IT contracting. Written by means of professional legal professionals, A advisor to IT Contracting: Checklists, instruments, and Techniques distills the main serious company and felony classes discovered throughout the authors’ a long time of expertise drafting and negotiating IT-related agreements.
In a unmarried quantity, readers can speedy entry details on almost all kinds of know-how contract. dependent to target a specific form of IT contract, every one bankruptcy contains a list of crucial phrases, a short precis of what the contract is meant to do, and a whole evaluate of the criminal and enterprise matters which are addressed in that exact contract. delivering non-legal pros with the instruments to deal with IT contracting matters, the publication:
- Contains checklists to assist readers manage key strategies for prepared reference
- Supplies references to precious on-line assets and aids for agreement drafting
- Includes a CD-ROM with reusable checklists and whole word list that defines key felony, company, and technical terms
Costly blunders will be refrained from, probability should be prevented, and higher contracts will be drafted when you've got entry to the correct info. packed with reader-friendly checklists, this available reference will set you down that course. caution you of the most typical pitfalls, it hands you with little-known advice and top practices that will help you negotiate the foremost phrases of your IT agreements with self assurance and confirm you return out on best on your subsequent agreement negotiation.
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Extra info for A Guide to IT Contracting: Checklists, Tools, and Techniques
Unilateral NDAs are also useful to set the tone of the discussions. That is, they are commonly used to articulate to the other side that your company does not want their confidential information and that you are unwilling to assume any obligation to protect their information if they nonetheless choose to disclose it. • While NDAs are generally straightforward and commonly present few unique issues, they should be given the same level of review as any other legal document. ESSENTIAL TERMS Almost all NDAs have certain common provisions.
Whether a software license agreement is simple or complex matters very little when it comes to vendor form software license agreements. Generally speaking, vendor form software license agreements are onesided and provide very little in terms of protection to the customer. It is critical, no matter the complexity of the transaction, that the customer read the agreement carefully and propose changes that reduce the risk to the customer and align the transaction more closely to the customer’s business objectives and requirements.
Your company will want to choose a dollar amount, or a multiple of fees, that appropriately allocates responsibility for damages your company suffers to the vendor. • Consider whether instead of making the one-sided limitation of liability mutual, your company proposes deleting the limitation of liability all together. 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.