15TH ANNUAL

SOFTWARE LICENSING AGREEMENTS

Tuesday, October 06, 2009

About

Companies on both sides of the table in software license negotiations are being increasingly confronted with challenges relating to the use and licensing of proprietary products that contain or otherwise incorporate open source code. Coupled with the other core challenges presented by the negotiation of software licensing agreements – IP infringement, warranties, limitations on liability, indemnification, revenue recognition, product development and maintenance, and contract termination, it is imperative to a successful negotiation that one has a process in place to preemptively anticipate, address and quickly resolve these issues when they arise.

To provide you with specific insights into how to confront these and other contentious issues, ACI has assembled an exceptional faculty, including in-house representatives from the major players in this industry who will provide you with the tactical and strategic insights you need to negotiate more lucrative, airtight agreements – whether acting as the licensor or the licensee.

Last year’s delegates expressed overwhelming satisfaction with the interactive approach of the event, including the live mock negotiation between an experienced IP attorney and a senior-level licensing executive, which will provide a real-time demonstration of how common contract stumbling blocks can be addressed and resolved when you’re at the table.

Expanding upon last year’s highly successful event, ACI has added additional features to further increase the coverage at this year’s conference:

  • Expanded coverage of contractually addressing concerns relating to software as a service agreements
  • Timely coverage of current practices to effectively address recession-related business issues in the contract
  • Increased focus on global contracting practices for dealing with foreign entities

Add value to your experience by attending one or more of the following in-depth workshop sessions:

Software Licensing Boot Camp – A basic training licensing primer that takes a Software Licensing 101 approach, specifically designed for contract professionals and attorneys new to software licensing.

Negotiating, Drafting and Streamlining Your Software Licenses – A Master Class, led by a diverse panel of experienced attorneys and contract professionals who will lead you through various factual scenarios designed to present real world issues and drafting challenges commonly encountered during licensing negotiations.

Open Source Software Licenses – An in-depth master class that will examine actual clauses and terms contained in different types of open source licenses. With the use of open source code continuing to spread and beginning to permeate the entire licensing environment, this class will enable you to successfully navigate a very complex area.

Contents & Contributors

About

Companies on both sides of the table in software license negotiations are being increasingly confronted with challenges relating to the use and licensing of proprietary products that contain or otherwise incorporate open source code. Coupled with the other core challenges presented by the negotiation of software licensing agreements – IP infringement, warranties, limitations on liability, indemnification, revenue recognition, product development and maintenance, and contract termination, it is imperative to a successful negotiation that one has a process in place to preemptively anticipate, address and quickly resolve these issues when they arise.

To provide you with specific insights into how to confront these and other contentious issues, ACI has assembled an exceptional faculty, including in-house representatives from the major players in this industry who will provide you with the tactical and strategic insights you need to negotiate more lucrative, airtight agreements – whether acting as the licensor or the licensee.

Last year’s delegates expressed overwhelming satisfaction with the interactive approach of the event, including the live mock negotiation between an experienced IP attorney and a senior-level licensing executive, which will provide a real-time demonstration of how common contract stumbling blocks can be addressed and resolved when you’re at the table.

Expanding upon last year’s highly successful event, ACI has added additional features to further increase the coverage at this year’s conference:

  • Expanded coverage of contractually addressing concerns relating to software as a service agreements
  • Timely coverage of current practices to effectively address recession-related business issues in the contract
  • Increased focus on global contracting practices for dealing with foreign entities

Add value to your experience by attending one or more of the following in-depth workshop sessions:

Software Licensing Boot Camp – A basic training licensing primer that takes a Software Licensing 101 approach, specifically designed for contract professionals and attorneys new to software licensing.

Negotiating, Drafting and Streamlining Your Software Licenses – A Master Class, led by a diverse panel of experienced attorneys and contract professionals who will lead you through various factual scenarios designed to present real world issues and drafting challenges commonly encountered during licensing negotiations.

Open Source Software Licenses – An in-depth master class that will examine actual clauses and terms contained in different types of open source licenses. With the use of open source code continuing to spread and beginning to permeate the entire licensing environment, this class will enable you to successfully navigate a very complex area.

Contents & Contributors

Drafting Contracts that Meet Current Business Needs
Brian Di Silvestro, Director, Business Development and Licensing, EMC Software (Pleasanton, CA)
Terence N. Church, Of Counsel, Silicon Valley Law Group (San Jose, CA)
Mark H. Wittow, Partner , K&L Gates LLP (Seattle, WA)

Negotiating and Drafting Clear License Terms and Protecting the Use of the License

David Keenan, Managing Counsel, Nationwide Mutual Insurance Company (Columbus, OH)
Jack Khouri, Senior Corporate Counsel, Altera Corporation (San Jose, California)
William I. Schwartz, Partner, Morrison & Foerster LLP (San Francisco, CA)

Industry Insights: What You Need to Know Before Evaluating and Choosing Open Source Licenses
Karna J. Nisewaner, Patent Counsel, Intuit Inc. (Mountain View, CA)
Mario J. Madden, Open Source Licensing Counsel, Microsoft Corporation (Redmond, WA)
Elizabeth Hewitt, Senior Corporate Counsel, Adobe Systems Inc. (San Jose, CA)
Andrew T. Pham, Associate General Counsel, Global Intellectual Property, Verint Systems Inc. (Santa Clara, CA)
Moderator:
Jason B. Wacha
, Vice President of Corporate Affairs & General Counsel, MontaVista Software, Inc. (Santa Clara, CA)

Custom-Made and Modified Software: Eliminating Doubt by Identifying Rights and Crafting Specific Terms in the License Agreement
James A. Kovacs, Licensing Counsel, Intel Corporation (Santa Clara, CA)
Michael R. Graif, Partner, Curtis, Mallet-Prevost, Colt & Mosle LLP (New York, NY)
Jim Markwith, Of Counsel, Greenberg Traurig LLP (Silicon Valley, CA)

Strategies for Avoiding Common Stumbling Blocks: Live Mock Negotiation
For the Licensor:
Joseph Yang
, VP & General Counsel, Cryptography Research, Partner, PatentEsque Law Group, LLP (Menlo Park, CA)
For the Licensee:
Mark Grossman
, Partner, Grossman Law Group (New York, NY)

Software as a Service: Avoiding Pitfalls in Contracts for Hosted Applications
Deborah Chapnick, Corporate Attorney, Microsoft Corporation (Redmond, WA)
Mark Grech, Senior Corporate Counsel, Oracle Corporation (Redwood Shores, CA)
Peter Tennent, IP Counsel, IBM Almaden Research Center, IBM Corporation, (San Jose, CA)

Navigating the Global Software Market: Implementing Best Practices Across Foreign Jurisdictions
Lothar Determann, Partner, Baker & McKenzie LLP (San Francisco, CA)
Bijesh Thakker, Managing Partner, Thakker & Thakker (Mumbai, India)

Securing Adequate Terms Addressing Software Installation, Support and Maintanence
Michael P. Bennett, Partner, Wildman Harrold LLP (Chicago, IL)
Sean Garrison, Partner, Lewis & Roca LLP (Phoenix, AZ)
David L. Hayes, Co-Chair, Technology Commerce Group, Dorsey & Whitney LLP (Irvine, CA)

Eliminating Ambiguity on Revenue-Related Terms Early-On By Determining When and How Software Revenue Will Be Recognized by Each Party
Dean Scotch, Vice President & Controller, MontaVista Software Inc. (Santa Clara, CA)
Larry Bercovich, Vice President & General Counsel, ZipRealty, Inc.(Emeryville, CA)

Providing the Maximum Amount of Protection by Enhancing Your Data Security in the Software License Agreement
Stephen Gold, Partner, McGuireWoods LLP (Chicago, Illinois)