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Vol 21 No 10 Oct/Nov 2016

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Software Contract Agreements: Drafting and Negotiating Techniques and Precedents 2nd ed


ISBN13: 9781854186928
Previous Edition ISBN: 1854181467
Published: June 2010
Publisher: Thorogood Publishing Ltd
Country of Publication: UK
Format: Paperback, A4
Price: £189.00



This is a Print On Demand Title.
The publisher will print a copy to fulfill your order. Books can take between 1 to 3 weeks. Looseleaf titles between 1 to 2 weeks.

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

  • Explores the need for software licensing and the pros and cons of standard terms and conditions.
  • Examines the different types of software contracts from software licences through to website development contracts, escrow and trusted third party agreements.
  • Introduces the various laws and intellectual property rights which underpin and shape computer contracts.
  • Introduces the various European Union Directives and proposals, which impact or may impact upon computer contracts.
  • Analyses why and when transactions are significant enough to warrant negotiation and highlights the common mistakes often made in negotiations.
  • Provides examples of supplier and customer contract negotiation preparation.
  • 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’.
  • Discusses the necessary software licence provisions from both the supplier’s as well as the buyer’s point of view.
  • Is an introduction to negotiation principles.
  • Highlights some of the negotiation tactics and techniques of suppliers.
  • some of the negotiation tactics and techniques of customers.
  • Suggests a number of creative problem-solving solutions in contract negotiations.
  • Provides examples of body language and explains its significance in negotiations.
  • Discusses what a win/win deal is.
  • Valuable Appendices providing various example contracts and a detailed glossary of useful definitions

Subjects:
Information Technology Law
Contents:
INTRODUCTION
UNDERSTANDING SOFTWARE LICENCE AGREEMENTS
SOME GENERAL TYPES OF SOFTWARE LICENCE AGREEMENTS
LAWS AND REGULATIONS
EUROPEAN UNION LAW OVERVIEW
FOCUSING ON MAJOR TRANSACTIONS
PREPARING FOR NEGOTIATIONS
PREPARING THE CONTRACTS
NECESSARY LICENCE PROVISIONS
UNDERSTANDING NEGOTIATING PRINCIPLES
SOME NEGOTIATING TACTICS OF SUPPLIERS
CUSTOMER NEGOTIATING TACTICS
CREATIVE PROBLEM SOLVING
THE USE OF NON-VERBALS IN NEGOTIATION
HOW DO YOU DEFINE A 'WIN-WIN' DEAL?
APPENDIX A SHRINK WRAP LICENCE
APPENDIX B LICENCE AND SERVICE AGREEMENT
APPENDIX C MULTIMEDIA PRODUCT LICENCE AND DISTRIBUTION AGREEMENT
APPENDIX D SOFTWARE ESCROW AGREEMENT
APPENDIX E JOINT SOFTWARE DEVELOPMENT AGREEMENT
APPENDIX F RECIPROCAL SOFTWARE LICENCE
APPPENDIX G SOFTWARE LICENCE SUPPORT AND MAINTENANCE AGREEMENT
APPENDIX H TRANS BORDER DATA FLOW AGREEMENT (WITH COMMENTS)
APPENDIX I INVITATION TO TENDER
APPENDIX J SAMPLE OPEN SOURCE LICENCE
\PPENDIX K DATA PROCESSING AGREEMENT (WITH COMMENTS)
\PPENDIX L FRAMEWORK AGREEMENT
APPENDIX M PROFESSIONAL SERVICES AGREEMENT
APPENDIX N STANDARD CONTRACTUAL CLAUSES (PROCESSORS)