9th National Conference
The Practical and Tactical Approach to the Art of the Deal in

Software Licensing Agreements

Negotiating and Drafting Sophisticated Agreements in an Increasingly Complex, High Stakes Arena

Monday, October 25, 2004

About

In this tougher economic climate, software vendors and resellers have been forced to retrench and rework their business models. End-users are scrutinizing agreements at a level never seen before. Every single clause-and every single dollar-counts.

This climate of heightened care is complicated further by the challenges of global transactions and new legal and regulatory developments on the international front. In this challenging arena, creating an airtight agreement that satisfies your client and avoids disputes and litigation down the road is a challenge for even the most experienced attorney. In-house and outside attorneys, executives and managers alike must be armed with the right information, strategies and tactics to succeed in this high-stakes environment.

American Conference Institute has revised and updated this program to bring you the most current information on all of the important legal developments affecting software licensing. You will also learn about the practical strategies you need to make your software licensing agreements and relationships into winning ventures.

Contents & Contributors

About

In this tougher economic climate, software vendors and resellers have been forced to retrench and rework their business models. End-users are scrutinizing agreements at a level never seen before. Every single clause-and every single dollar-counts.

This climate of heightened care is complicated further by the challenges of global transactions and new legal and regulatory developments on the international front. In this challenging arena, creating an airtight agreement that satisfies your client and avoids disputes and litigation down the road is a challenge for even the most experienced attorney. In-house and outside attorneys, executives and managers alike must be armed with the right information, strategies and tactics to succeed in this high-stakes environment.

American Conference Institute has revised and updated this program to bring you the most current information on all of the important legal developments affecting software licensing. You will also learn about the practical strategies you need to make your software licensing agreements and relationships into winning ventures.

Contents & Contributors

THE LICENSE GRANT GETTING WHAT YOU REALLY NEED & WANT
Scott Hollyfield, IPWireless, Inc.
Jim Bullock, etalk Corporation

WHAT DO YOU NEED IN YOUR SOFTWARE LICENSE GRANT?
Jim Bullock, etalk Corporation

INSURANCE ISSUES AND RISK ALLOCATION IN SOFTWARE LICENSING AGREEMENTS
Deanne Ottaviano, Arent Fox PLLC

FUNCTIONAL WARRANTIES, PERFORMANCE STANDARDS AND ACCEPTANCE TESTING PROCEDURES
Carolyn Craig, Cooley Godward LLP
Kerry McLean, Wind River Systems, Inc.

OUTSOURCING AGREEMENTS AND ASPS: LICENSING SOFTWARE IN THE HOSTED ENVIRONMENT
Henry W. (Hank) Jones, III, Intersect Technology Consulting & Law Office of Henry W. Jones, III

BEST PRACTICES IN NEGOTIATING SUPPORT AND MAINTENANCE AGREEMENTS
Dennis Gallitano, Piper Rudnick, LLP
Wesley Blakeslee, Johns Hopkins University

PROTECTING AGAINST THE RISKS OF BANKRUPTCY: PRACTICAL STRATEGIES FOR LICENSORS AND LICENSEES
Henry C. Kevane, Pachulski, Stang, Ziehl, Young, Jones & Weintraub P.C.
Joseph Thomas, JDA Software Group, Inc.
Hebe Smythe Doneski, JDA Software Group, Inc.

VALIDITY AND ENFORCEABILITY OF CLICK-WRAP AND SHRINK-WRAP AGREEMENTS: THE CURRENT LANDSCAPE
Lothar Determann, Baker & McKenzie

UPDATE ON SOFTWARE REVENUE RECOGNITION
Jonathan Tuttle, Debevoise & Plimpton
Bill Haegle, KPMG, LLP

PREPLANNING DISPUTES IN SOFTWARE LICENSING THROUGH DISPUTE RESOLUTION CLAUSES
Anthony Pierce, Akin, Gump, Strauss, Hauer & Feld, LLP

AVOIDING SOFTWARE LICENSING DISPUTES
Heather Rafter, Digidesign

MANAGING THE NEGOTIATION PROCESS: A PRACTICAL GUIDE FOR SOFTWARE DEALS
Mark Grossman, Becker & Poliakoff, P.A.

AVOIDING ANTITRUST RISKS IN SOFTWARE LICENSING
David Evans, Arent Fox PLLC

AVOIDING ANTITRUST/MISUSE RISKS IN SOFTWARE LICENSING
Chris Nadan, Sun Microsystems

LICENSING SOFTWARE INTERNATIONALLY: TIPS AND TRAPS FOR NEGOTIATING AND STRUCTURING AGREEMENTS IN FOREIGN JURISDICTIONS
Lothar Determann, Baker & McKenzie

NEGOTIATING & DRAFTING THE SOFTWARE LICENSE
Cathleen Oushakoff, Affiliated Computer Services, Inc.



DOCUMENT TYPES: PRESENTATIONS AVAILABLE: 0