7Sep
Beware the Convenient “Intent” of Software Publishers
Most software license agreements used by major publishers like Microsoft and IBM are in many ways vague with respect to license restrictions and metrics. This leaves licensees in the position of having to interpret the...
27Aug
Superseding Audit Rights for Software Copyright Infringement: Settlement Agreements Versus Software License Agreements
Many software copyright infringement claims are resolved informally and often the terms are set forth in a settlement agreement. The critical terms in every settlement agreement purporting to resolve copyright infringement claims include the release...
18Aug
Negotiating Contracts: 12 Key Terms to Negotiate in a Software as a Service or Cloud Service Agreement
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...
12Aug
For SPLA Audits, When Historical Data is Missing, Creativity May Be Required
Most software audits pertaining to products licensed under perpetual licenses (such as licenses acquired under a Microsoft Select Agreement, MPSA or (usually) Enterprise Agreement) incorporate a snapshot-in-time approach, where licenses owned generally are compared to...
2Aug
Recent Developments in Autodesk Licensing and Audits, Part II
Many of our clients ask us questions after receiving an audit letter from Autodesk. Part I of this series focused on new trends by Autodesk’s auditing, and included in Part II is a list of...
30Jul
Products Liability and Kaseya’s Ransomware Attack
The recent ransomware attack involving Kaseya’s VSA product has left managed service providers (“MSPs”) and end users evaluating what, if any, legal recourse they may have against Kaseya. The onerous limitations of liability provisions and...
