10th National Conference
The Practical and Tactical Art of the Deal in

Software Licensing Agreements

Negotiating And Drafting Sophisticated Agreements In An Increasingly Complex, High Stakes Arena

Wednesday, October 19, 2005

About

Negotiating and drafting effective software licensing agreements continues to become more and more complex. Increased demand for software and related services, new technologies and methods for delivery, and a tougher economic climate have caused software vendors to rework or develop new business models. At the same time, end-users are seeking to get more and more out of their agreements while scrutinizing every clause and every cost with greater frequency.

The difficulty of negotiating mutually advantageous software deals has also been complicated by changing legal and regulatory considerations affecting domestic, international and multinational transactions. 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's National Software Licensing Agreements publication will give you the most current information on the important legal developments affecting software licensing, as well as provide you with the practical business strategies you need to make your software licensing agreements and relationships into winning ventures. this conference brings together a preeminent faculty of leading attorneys and executives from software licensors, end-users, developers, and distributors who will provide you with perspectives and expertise from both sides of the table on:
  • Managing negotiations key issues to consider before you start
  • Drafting the contract avoiding the most common pitfalls in the license grant, warranties, limitation of liability, and indemnities
  • Strategies for drafting and negotiating the ASP and outsourcing transaction
  • Updates on revenue recognition rules, open source software, and more!

Contents & Contributors

About

Negotiating and drafting effective software licensing agreements continues to become more and more complex. Increased demand for software and related services, new technologies and methods for delivery, and a tougher economic climate have caused software vendors to rework or develop new business models. At the same time, end-users are seeking to get more and more out of their agreements while scrutinizing every clause and every cost with greater frequency.

The difficulty of negotiating mutually advantageous software deals has also been complicated by changing legal and regulatory considerations affecting domestic, international and multinational transactions. 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's National Software Licensing Agreements publication will give you the most current information on the important legal developments affecting software licensing, as well as provide you with the practical business strategies you need to make your software licensing agreements and relationships into winning ventures. this conference brings together a preeminent faculty of leading attorneys and executives from software licensors, end-users, developers, and distributors who will provide you with perspectives and expertise from both sides of the table on:
  • Managing negotiations key issues to consider before you start
  • Drafting the contract avoiding the most common pitfalls in the license grant, warranties, limitation of liability, and indemnities
  • Strategies for drafting and negotiating the ASP and outsourcing transaction
  • Updates on revenue recognition rules, open source software, and more!

Contents & Contributors


Successful Deal Strategies

Mark Grossman, Dewitt Grossman, P.L.


Negotiating Issues in Software License Agreements

Cathleen Oushakoff, Affiliated Computer Services, Inc.


The License Grant

Howard Paul Bernard, Cendant Corporation

Terence N. Church, GC Law Group

Andrew H. Lupu, InfoVista Corporation


Contracting For Business Solutions vs. Software Licenses

Wesley D. Blakeslee, Johns Hopkins University

Dennis J. Gallitano, Gallitano & O'Connor LLP


Licensing Software Internationally: Compliance and Regulatory Issues

Andrew H. Lupu, InfoVista Corporation


What Corporate Counsel Should Know About IP Planning For Technology- Driven Alliances Part 1 & 2

Joseph Yang, PatentEsque Law Group, LLP


ASPs and Outsourcing Agreements: Licensing Software In The Hosted Environment

Hebe S. Doneski, JDA Software Group, Inc.


ASPs and Outsourcing Agreements: Licensing In The Hosted Environment

Brad Haque, America Online, Inc.


Using Open Source Software: What You Need To Know In a Fast- Changing Environment

Jason B. Wacha, MontaVista Software, Inc.


Software Licensing Agreements: International Aspects

Lothar Determan, Baker & Mckenzie LLP


Software License Agreements: International Aspects (Small Company Perspective)

Josh Faddis, Taleo Corporation


Negotiating Licenses in China

Allan K.A. Marson, Baker & Mckenzie LLP




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