About
Learn what you need to know about constructing the optimal software license agreement
from the experts who know how to do it
A poorly drafted software license agreement can be full of hidden expenses
and/or obligations, as well as unforeseen liabilities. Regardless of whether
one is interested in procuring, selling, distributing, implementing, producing,
or protecting their software or technology, key licensing-related issues such
as scope of the licensing grant and ownership, maintenance and support, warranties,
indemnification, liability, and confidentiality need to be addressed in a coherent
and comprehensive manner. Only by understanding how to work through these provisions
and structure them according to the parties' goals can you be proactive
about ensuring the deal provides you – whether the vendor or end user – with
maximum value.
American Conference Institute has revised and updated its 12th
National Conference on Software Licensing and produced a publication to bring you the most current and significant legal developments
and business best practices affecting software licensing. This publication brings
together a pre-eminent faculty of leading attorneys and experts from software
licensors, end users, developers, and distributors, who will provide you with
perspectives and expertise from all sides of the table on:
- Negotiating license agreements for product development
- Implementing risk management and confidentiality procedures
- Preparing for software globalization and the effects of dealing
outside the US
- Managing and manipulating open source software
- Dealing with troublesome licensing issues, such as revenue recognition,
source code escrow, and M&A transactions
- Analyzing lessons learned and utilizing proven strategies to secure
your future
About
Learn what you need to know about constructing the optimal software license agreement
from the experts who know how to do it
A poorly drafted software license agreement can be full of hidden expenses
and/or obligations, as well as unforeseen liabilities. Regardless of whether
one is interested in procuring, selling, distributing, implementing, producing,
or protecting their software or technology, key licensing-related issues such
as scope of the licensing grant and ownership, maintenance and support, warranties,
indemnification, liability, and confidentiality need to be addressed in a coherent
and comprehensive manner. Only by understanding how to work through these provisions
and structure them according to the parties' goals can you be proactive
about ensuring the deal provides you – whether the vendor or end user – with
maximum value.
American Conference Institute has revised and updated its 12th
National Conference on Software Licensing and produced a publication to bring you the most current and significant legal developments
and business best practices affecting software licensing. This publication brings
together a pre-eminent faculty of leading attorneys and experts from software
licensors, end users, developers, and distributors, who will provide you with
perspectives and expertise from all sides of the table on:
- Negotiating license agreements for product development
- Implementing risk management and confidentiality procedures
- Preparing for software globalization and the effects of dealing
outside the US
- Managing and manipulating open source software
- Dealing with troublesome licensing issues, such as revenue recognition,
source code escrow, and M&A transactions
- Analyzing lessons learned and utilizing proven strategies to secure
your future
Contents & Contributors
SETTING THE TONE: THE SOFTWARE LICENSE GRANT
Howard Paul Benard, Avis Budget Group
IP INFRINGEMENT RISKS IN SOFTWARE LICENSES
Matthew Cooney, California State Automobile Association
Sandra Levy, Deltek Systems, Inc.
Eric Reifschneider, Cooley Godward LLP
OPEN SOURCE LICENSING
John P. Brockland, Cooley Godward LLP
Kat McCabe, Black Duck Software
NEGOTIATING LICENSE AGREEMENTS FOR PRODUCT DEVELOPMENT: OUTSOURCING V. OTHER STRATEGIES
Paul Arne, Morris, Manning, & Martin, LLP
Ameen Haddad, Oracle USA, Inc.
Brian Leslie, Witness Systems, Inc.
CRAFTING THE AGREEMENT: CUSTOM-MADE AND MODIFIED SOFTWARE: IP OWNERSHIP, USAGE AND ENFORCEMENT RIGHTS
Joseph Yang, PatentEsque Law Group, LLP
CRAFTING THE AGREEMENT: CUSTOM-MADE AND MODIFIED SOFTWARE
Michael Pierovich, Cisco Systems, Inc.
MANAGING PRIVACY AND DATA SECURITY PROTECTION ISSUES
Ruth Gaube, Symantec Corporation
MANAGING PRIVACY AND DATA SECURITY PROTECTION ISSUES
Mark Tratos, Greenberg Traurig, LLP
TACKLING THE GLOBALIZATION OF SOFTWARE LICENSING: BEST PRACTICES AND HAZARDS TO AVOID
Lothar Determann, Baker & McKenzie LLP
TRENDS IN SOFTWARE LICENSING: INDIAN PERSPECTIVE
Naina Krishna Murthy, Krishnamurthy and Co. Legal Consultants
ANTICIPATING POST-CONTRACT PRODUCT EVOLUTION ISSUES
Dennis J. Gallitano, Gallitano & O'Connor LLP
ANTICIPATING POST-CONTRACT PRODUCT EVOLUTION ISSUES: LICENSOR PERSPECTIVE
Chris Nadan, Sun Microsystems, Inc.
SOFTWARE LICENSING BOOT CAMP: BASIC TRAINING FOR THE NON-LAWYER CONTRACT PROFESSIONAL
Cathleen Oushakoff, Affiliated Computer Services, Inc.
"DANCES WITH [WERE] WOLVES": SOFTWARE LICENSING TIDBITS FOR "NON-LAWYERS"
Jim Bullock, etalk
SOFTWARE LICENSING BOOT CAMP DUE DILIGENCE, LICENSE AUDITS, AND RISK MANAGEMENT
Kimberly Klein Cauthorn, Kroll Inc.