If you own or manage a business which licenses or makes available application software to its customers, then you need to have a software license agreement or a software-as-a-service. This agreement serves to protect your intellectual property rights and interests as a business by ensuring that the software can only be used by qualifying customers and that those customers must use the software within specific parameters which you can stipulate.
Software licensing or SaaS agreements also serve to ensure that those licensed to use the software are not able to copy, modify or redistribute it in any way that is unauthorised. This protects your business from those who may be tempted to copy and distribute the software, rather than purchase additional licenses.
The customers of a software supplier also need agreements that are well negotiated and drafted.
Master Service Agreements (or framework agreements) set out terms for future work. The exact work(s) to be carried out may not yet be fully specified, but your master service agreement will set out terms such as ownership of intellectual property rights, warranties, payment terms and any dispute resolution processes should they be needed.
These legal agreements can really help to both speed up discussions during the sales process, and can also save your business time once services are agreed – as payment terms and other important legal terms have already been agreed. Essentially, they take care of all the terms and conditions to protect your business and its intellectual property, allowing you to focus on the sales process and client relationship.
Our understanding of the commercial models underpinning the supply and procurement of software and data informs our approach to advising on the structure and content of the contracts. We have a wealth of knowledge and experience in the field. We bring this to bear when advising you on the structure of a contract and the approach to negotiations, and looking at your options in any circumstances after the contract has been concluded.
We are pragmatic negotiators whose sole aim is help clients reach a deal without drama where one can be made, and are we stand firm where necessary. Our mantra is that no deal should be held up or, worse, fall because of lawyers!
We pride ourselves on the clarity and effectiveness of our drafting, recognising where a provision needs to be expanded and where brevity is in order. At all stages, we ensure clients understand the risks and implications of their contracts.