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Don’t Use License Agreements for Software-as-a-Service

June 1 2018 Many software-as-a-service (SaaS) contracts grant a "license" to use the vendor's software. That's a mistake. Licenses are for on-premise software…

Don’t redline a redline. Talk!

June 18 2018 You're negotiating a contract, and you send your company's standard form agreement. The other party then marks it up — "redlines" it — and…

Indemnifying for Negligence Makes a Mess

February 5 2019 By David W. Tollen Many tech contracts require that one party indemnify the other against claims “resulting from the Indemnitor’s negligence or other…

Don’t grant feedback licenses (do this instead)

June 4 2019 The feedback license appears in many tech contracts. It usually gives the vendor a broad, perpetual license to any “feedback” from the customer’s…

Auto-Renewal Best Practices for B2C Contracts

July 23 2019 Most SaaS vendors rely on automatic renewal terms — and love them. If the customer doesn’t think to cancel shortly before the term ends, the contract…

Auto-Renewal Best Practices for B2C Contracts

July 23 2019 Most SaaS vendors rely on automatic renewal terms — and love them. If the customer doesn’t think to cancel shortly before the term ends, the contract…

Browsewraps Could Be Enforced

June 25 2019 The Tech Contracts Handbook warns website operators not to rely on browsewraps: contracts posted online without a click-to-agree requirement. In fact…

Don’t grant feedback licenses (do this instead)

June 4 2019 The feedback license appears in many tech contracts. It usually gives the vendor a broad, perpetual license to any “feedback” from the customer’s…

Indemnifying for Negligence Makes a Mess

February 5 2019 By David W. Tollen Many tech contracts require that one party indemnify the other against claims “resulting from the Indemnitor’s negligence or other…

Drafting Big, Complex Statements of Work

December 2 2018 In contracts about complicated services, the hardest terms to draft appear in statements of work. SoW's for large projects demand long lists of duties…