Software Contract Negotiation Tips
Negotiating software license contracts and agreements can be a slippery slope. Leading experienced software licensing attorney Andrew S. Bosin with a nationwide practice in New Jersey counsels both software developers and licensees.
As a licensee or end user of software, you should be very careful to negotiate key terms and clauses that will protect your interests in the contract.
Here are some key software contract negotiation tips to think about if you are a licensee and about to enter into contract negotiations:
Software Contract Negotiation Tip #1 – Negotiate the Price
The price is usually negotiable for the software license. With that said, you don’t get what you don’t ask for.
Software Contract Negotiation Tip #2 – Get Very Specific Defined Terms
You need to make sure that the terms of the agreement are spelled out clearly with no ambiguity. For example, what does the term “user,” mean and how many users can use the software during the term of the agreement. Make sure the agreement does not charge you for each user or if it does at least you know that going into it.
Software Contract Negotiation Tip #3 – Know What the Licensing Fees Are
Every part of the agreement from the licensing fee to the maintenance to the support should state what the fees are.
Software Contract Negotiation Tip #4 – Get a Transferable License
You want to make sure that if you acquire companies that down the road these entities can use the license and you are not having to pay a licensing fee all over again.
Software Contract Negotiation Tip #5 – Negotiate the Statement of Work
It might not be so easy to implement the vendor’s software on to your computer systems or servers. You need to make sure that you negotiate the Statement of Work (SOW) before you sign any type of licensing contract. The SOW should define the scope of the implementation project and should also identify both what the vendor is responsible for and what you are responsible for. If you fail to include an SOW in the contract don’t be surprised by the amount of work you are required to do in the implementation of the software that you believed the vendor would do as part of the agreement.
Software Contract Negotiation Tip #6 – Write the Terms
Get all of your terms and conditions in black and white. You need to make certain that all of the negotiation and changes to language and agreed upon terms are written into the contract and all exhibits.
Please call software license lawyer Andrew S. Bosin for a free legal consultation at 201-446-9643 | www.njbusiness-attorney.com | firstname.lastname@example.org
Software Lawyer Andrew S. Bosin is located in New Jersey just outside of New York City and has a nationwide Software Licensing Law Legal Practice serving clients in New Jersey, New York, Buffalo, Queens, Manhattan, New York City, Westchester County, Islip, Oyster Bay, Rochester, Utica, New Rochelle, Tonawanda, White Plains, Binghamton, Saratoga Springs, Rockland County, Brooklyn, Long Island, Albany, Syracuse, Suffolk County, Nassau County, Bronx, Staten Island, Allentown, Scranton, Lancaster, Harrisburg, State College, College Station, Boston, Hartford, Providence, Connecticut, Atlanta, Chicago, Washington D.C., Dallas, Florida, Ohio, California, Austin, Texas, Maryland, North Carolina, Massachusetts, Colorado, Utah, Oregon, San Antonio, Austin, San Diego, Los Angeles, Silicon Valley, San Francisco, Houston, Salt Lake City, Toledo, Akron, Dayton, Provo, Portland, San Jose, Miami, Tampa, St. Petersburg, Ft. Lauderdale, West Palm Beach, Broward County, Dade County, Newark, Delaware, College Park, MD, Cook County, Phoenix, Denver, Boulder, Ft. Collins, Nashville, Memphis, Kansas City, Raleigh, Charlotte, Indianapolis, Boise, Eugene, Manchester, Burlington, Philadelphia, Pittsburgh, Pennsylvania, Vermont, Rhode Island, Boca Raton, Arlington, Virginia, Alexandria, Virginia, Reston, McLean, Cambridge, Quincy, Riverside, San Bernadino, Minneapolis, St. Louis, Cleveland, Columbus, Baltimore, Sacramento, Cincinnati, Orlando, Las Vegas, Round Rock, San Marcos, Louisville, Richmond, Tempe, Southbend, Bloomington, Knoxville, Oxford, Tuscon, Long Beach, Ames, Ft. Collins, Lawrence, Blacksburg, Charlottesville, Champaign, Oklahoma City, Birmingham, Salt Lake City, Baltimore, Mobile, Alabama, Utah, Washington, Seattle, Oregon, Portland, Eugene, Sacramento, Pittsburgh, Wake County, King County, Redmond, Kirkland, Bellevue, San Mateo County, Contra Costa County, Cupertino, Los Gatos, Sunnyvale, Mecklenburg County, Jacksonville, Gainesville, Boynton Beach, Orange County, Palo Alto, Harris County, Waco, Columbia, Missouri, Tarrant County, Bucks County, Lehigh County, Bethlehem, Pennsylvania, Burlington, Portland, Maine, Manchester, Concord, Nashua, Cambridge, London, Paris, UK, England, Dublin, Scotland, Edinborough, Amsterdam, Germany, Munich, Berlin, Madrid, EU, European Union, Spain, Austria, Vienna, Geneva.