Top software attorney drafting and negotiating SaaS contracts and software license agreements Andrew S. Bosin is located in New Jersey and offers free consultations by calling 201-446-9643.
As one of the leading software contract attorneys, Andrew offers software legal advice across the US to SaaS, technology, cloud, mobile app and web based entrepreneurs located in New York City, Connecticut, Long Island and Brooklyn, NY, Chicago, Miami, Austin, Los Angeles, San Diego, Phoenix, Denver, Dallas, Houston, Atlanta, Washington DC, Boston, Orlando, Tampa, Baltimore and Charlotte, NC.
One of the reasons why software companies and entrepreneurs all over the US hire Andrew as their software lawyer is because he is also an entrepreneur.
Unlike most attorneys, Andrew has sacrificed his own money and time and put thousands of hours into building two SaaS startup companies with partners as General Counsel.
Software contracts are legal agreements that define the terms and conditions under which software is licensed, developed, or delivered. A SaaS product can be considered a type of software when reviewing or negotiating a software agreement. When entering into a software contract, there are several key clauses to draft and negotiate, including:
- Grant of License: This clause outlines the rights and restrictions granted to the user to use the software. It specifies the scope of the license, such as the number of users, the permitted locations, and the duration of the license.
- Payment of Fees: This clause specifies the fees for the software license and any additional services, such as maintenance or technical support. It also outlines the payment terms and conditions, such as due dates and late fees.
- Intellectual Property Rights: This clause outlines the ownership and protection of intellectual property rights, such as copyrights, trademarks, and patents, related to the software. It specifies who owns the software and any associated intellectual property rights.
- Warranties and Representations: This clause outlines the warranties and representations made by the software provider, such as the performance, compatibility, and functionality of the software. It also specifies any limitations or disclaimers of these warranties.
- Limitations of Liability: This clause limits the liability of the software or SaaS vendor for damages or losses resulting from the use or inability to use the software. It specifies the types of damages that are covered and the maximum amount of liability.
- Termination: This clause outlines the conditions under which the software agreement can be terminated, such as breach of contract or expiration of the license. It also specifies the consequences of termination, such as the return of the software and any associated intellectual property rights.
- Confidentiality: This clause outlines the obligations of the end user and the software vendor to maintain the confidentiality of any confidential information exchanged during the term of the software contract. It specifies the types of information that are considered confidential and the measures that must be taken to protect the information.
- Dispute resolution: This clause outlines the procedures for resolving disputes between the user and the software vendor, such as mediation, arbitration, or litigation. It also specifies the jurisdiction and venue for any legal action.
- Indemnification: Indemnification requires one party to compensate, defend and hold harmless the other party from any losses, claims, damages, or liabilities arising from the use of the software. It is typical for a SaaS vendor to agree to indemnify a customer for any losses, damages, or liabilities arising from a third-party claim that the vendor’s software infringes on a third party’s intellectual property rights. In plain English, with indemnification the software vendor will be liable for covering any damages awarded to the third-party or legal fees incurred by the customer in defending the claim.
Email: andrewbosin@gmail.com