201709.20
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Negotiating Technology Contracts – Requirements

Stephen F. Pinson, The Pulse, July 2017 One of the most overlooked sections in a technology-related contract is the insurance section.  Whether that contract involves IT services, development, Software as a Service or Cloud Services, the insurance section is just as important as the other risk-allocating provisions contained in the contract.  Yet, in most of…

201709.20
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Negotiating Contracts: 12 Key Terms in Negotiating a Software as a Service or Cloud Service Agreement

Stephen F. Pinson, The Licensing Journal, June/July 2017 Software as a Service and Cloud Service offerings have become ubiquitous digital platforms for many enterprises and small businesses in their quests to provide a single unified platform to their employees and customers. Providers offering Software as a Service and Cloud Services allow end users to access software and…

201703.15
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Oracle Licensing: Hard Partitioning and Disaster Recovery

When licensing Oracle products, many businesses fail to understand the licensing requirements for virtual technologies and disaster recovery.  These licensing mistakes can result in significant unbudgeted expenses related to Oracle software licensing. (1) Virtualization Virtualized hardware is now fairly pervasive in the IT world. But, incorrectly virtualizing an environment can have catastrophic effects to a…

201701.19
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Negotiating Software Contracts: Successfully Negotiating an Indemnification Section

Stephen F. Pinson, The Licensing Journal, November/December 2016 Indemnification is a very important provision in a software agreement. It transfers legal risk between contracting parties, and the indemnification provision acts like an insurance policy for future lawsuits where a contracting party is sued by a third-party to the contract. Because this provision is a risk transfer mechanism, it is crucial to…

201609.12
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Negotiating Software Contracts: Successfully Negotiating A Warranty Section

The Licensing Journal, August 2016 A warranty is one of the most important contract provisions in a software contract. The warranty section deals with the performance of the software and what the licensor promises the software will or will not do. In a software contract, these performance warranties should be heavily negotiated, but usually they are overlooked.

201609.01
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Forming a Texas Series LLC

The limited liability company “LLC” is a popular way to structure a new business venture in Texas. The primary reason for forming an LLC is to obtain protection from personal liability for the owners of the business. Owners who are planning to form new business entities in the future may want to consider a Texas…