An end user licence agreement (EULA) is a legal document setting out the basis upon which a person may use software. In this post, I look at the EULA-related issues affecting video game developers and publishers. The focus is on smaller and newer businesses, but much of the discussion is relevant to established businesses too. […]
Information Technology Law Archives - SEQ Legal
SaaS reseller agreements revisited
Back in October 2012 I wrote this post on the different relationship models that may be used in software-as-a-service (SaaS) channel partner agreements. To my surprise, the post provoked quite some interest. Since 2012, I’ve drafted and negotiated many more such agreements. Nonetheless, I still find that SaaS reseller agreements can be tricky; and if […]
Software support SLAs
Written contracts covering the provision of software support services often incorporate some kind of service level agreement, or SLA for short. If you have been tasked with preparing or negotiating a software support SLA, and are looking for some guidance, this post should help you. SLAs may cover more than just software support services. For […]
End user licensing: approaches to creating enforceable rights
The term EULA is widely abused: I’ve just finished a telephone conference where it was applied, by someone who should know better, to a proposed contract covering not only licensed software but also hosted software services, consultancy, support and much else besides. I therefore want to clarify what I mean by EULA and “end user”. […]
Cloud service reseller agreements
Cloud services reseller agreements seem to be in vogue. Enquiries about agreements for the resale of software-as-a-service systems keep cropping up in my inbox, and I’ve taken on several instructions in the past few weeks. Software vendors have long relied upon resellers to market and sell traditional software licences. Quite naturally, the reseller model is […]
Transferring IP rights in software
It’s axiomatic that intellectual property rights are transferable. A change of ownership of physical property can be evidenced by a change of possession; not so with intellectual property (IP). For this reason, IP transfers should always be embodied in a written instrument. Indeed it’s often is a legal requirement that IP transfers be in writing. […]
Software development agreements: a checklist
This checklist is designed to help those new to software development agreements ensure that they have considered the principal issues that a typical agreement should cover. It also provides a little guidance as to the different approaches to some of the issues. I have categorised each issue under one of these headings: the software design […]
Indemnities in IT contracts
Should you include an indemnity in your IT contract? And if so, what sort of indemnity? Indemnities in IT contracts come in many different shapes and sizes. Whether it is appropriate to include an indemnity in a given contract will depend upon a range of factors. In this post, I explore some of these factors. […]
When and how to use an NDA
Non-disclosure agreements (NDA) impose obligations to refrain from disclosing information, take measures to protect the confidentiality of information and/or use information only for a specified purpose or purposes. In this post, I look at the issues surrounding the use of NDAs in the IT industry, and consider some of the the typical situations in which […]
What is personal data?
Personal data has no easy, clear-cut legal definition. The definition set out in the Data Protection Act 1998, enacted following European legislation in the form of Directive 95/46/EC, leaves businesses and their advisers dealing with a significant amount of uncertainty. “Personal data” are defined in the 1998 Act as: … data which relate to a […]
