Negotiating Software Contracts 6th ed

How has the UK's version of the EU General Data Protection Regulation (UK GDPR) and the Data Protection Act 2018 affected important aspects of software contract negotiation? Where do EU and UK laws now diverge in this field since Brexit and what affect does this have on software contracts?

The Sixth Edition of this title provides answers to these questions, alongside updated negotiating principles and necessary licensing provisions.

Readers have access to 32 downloadable precedents, ranging from professional services agreements to software licence agreements to shrink-wrap licences. Precedents and guidance are commercially focused to provide the reader with an opportunity to enhance negotiation skills via useful and practical tips.

Providing an up to date analysis of a myriad of new e-commerce, data protection and related legislation and case law and sample contracts/precedents, this book allows legal professionals and business advisers to understand the full range of software contracts, from both the supplier and customer viewpoints.

table of content

1. Understanding software licence agreements

 

2. Some general types of software licence agreements

 

3. Introduction to laws relevant to software contracts

 

4. European Union law

 

5. Understanding negotiating principles

 

6. Preparing for negotiations

 

7. Preparing the contracts

 

8. Checklist of the contents of a typical software licence agreement

 

9. Necessary licence provisions

 

10. Creative problem solving

 

11. The use of non-verbals in negotiation

 

Precedents:

 

1. Software evaluation licence and confidentiality agreement

 

2. Shrink-wrap licence

 

3. Click-wrap licence

 

4. Software licence agreement

 

5. Software licence agreement checklist

 

6. Software support and maintenance agreement

 

7. Memorandum of understanding in relation to negotiation of a formal joint venture and licensing agreement

 

8. Agreement for software development and licensing

 

9. Demo licence

 

10. Computer games development agreement

 

11. Heads of Agreement for software distribution

 

12. Software distribution agreement

 

13. Multimedia product licence and distribution agreement

 

14. Joint software development agreement

 

15. Reciprocal software licence agreement

 

16. Agreement for supply of hardware products

 

17. Hardware maintenance agreement

 

18. Agreement for loan of hardware and software products

 

19. Invitation to tender

 

20. IT services outsourcing agreement

 

21. Agreement for website hosting

 

22. Website software development, licensing and support agreement

 

23. Licence agreement for link between web sites

 

24. Trans border data flow agreement

 

25. Data processing agreement

 

26. Software licence code

 

27. Escrow agreements

 

28. Framework agreement

 

29. Software services agreement

 

30. Value added reseller agreement and licence

 

31. Standard contractual clauses (controller to processors)

 

32. Professional services agreement