Negotiating Software Contracts 5th edition

Author: Robert Bond

Publisher: Bloomsbury Professional

Publication Date: August 2013

Format: Hardback + CD

Price: £150 + VAT

With comprehensively updated content and up-to-the minute commentary, Negotiating Software Contracts (previous edition: Software Contracts) is the best way to keep abreast of current practice in software contract law – a must for all legal professionals and business advisers working in this area of rapid development and constant change.

This book gives practitioners and business advisers a useful insight into the potential traps and pitfalls of software contract negotiation. Precedents and guidance are very commercially focused to provide the reader an opportunity to enhance their negotiation skills via useful and practical tips.

The author

Robert Bond has over 30 years’ experience in advising national and international clients on their IP, technology and commercial requirements including global software and hardware contracts, acting for both suppliers and buyers.

Reviews

“Software Contracts has been enormously useful to me. Being able to access up-to-date information on all the most recent developments, whenever I need it, has proven to be absolutely invaluable. I would certainly recommend this publication to anyone practising in software contract law.” Jeremy Holt of Clark Holt Commercial

“Those wanting useable precedents will…find Software Contracts an excellent resource.” Student Law Journal, April 2011

Contents

PART I INTRODUCTION
1 Understanding software licence agreements
2 Some general types of software licence agreements

PART II LAWS AND REGULATIONS
3 Overview to laws relevant to software contracts
4 European Union Law

PART III PREPARING FOR NEGOTIATIONS
5 Understanding negotiating principles
6 Preparing for negotiations

PART IV PREPARING FOR DRAFTING
7 Preparing the contracts
8 Checklist of the contents of a typical software licence agreement
9 Necessary licence provisions

PART V NEGOTIATING TACTICS AND TECHNIQUES
10 Creative problem solving
11 The use of non-verbals in negotiation

APPENDIX: PRECEDENTS

List of precedents

1. Software evaluation licence and confidentiality agreement
2. Shrink-wrap licence
3. Click-wrap licence
4. Software licence agreement
5. Software support and maintenance agreement
6. Memorandum of understanding in relation to negotiation…
7. Agreement for software development and licensing
8. Demo licence
9. Computer games development agreement
10. Heads of Agreement for software distribution
11. Software distribution agreement
12. Multimedia product licence and distribution agreement
13. Joint software development agreement
14. Reciprocal software licence agreement
15. Agreement for Supply of Hardware Products
16. Hardware Maintenance Agreement
17.Agreement for Loan of Hardware and Software Products
18. Invitation to tender
19. IT Services outsourcing agreement
20. Agreement for website hosting
21. Website software development, licensing and support…
22. Licence agreement for link between web sites
23. Trans border data flow agreement
24. Data processing agreement
25. Software licence code
26.1 Development Single Licensee
26.2 Escrow Secure
26.3 Holding Agreement
26.4 Information Escrow Agreement
26.5 Multi Licensee
26.6 Single Licensee
26.7 Single Licensee Website and Software
27. Framework Agreement
28. Software services agreement
29. Value Added Reseller Agreement and License