By Michael R. Overly
Even major firms with subtle IT infrastructures and groups of legal professionals can locate themselves unprepared to accommodate the variety of matters which can come up in IT contracting. Written by way of professional lawyers, A advisor to IT Contracting: Checklists, instruments, and Techniques distills the main severe enterprise and felony classes discovered in the course of the authors’ many years of expertise drafting and negotiating IT-related agreements.
In a unmarried quantity, readers can speedy entry info on almost all types of expertise contract. dependent to target a specific form of IT contract, every one bankruptcy features a record of crucial phrases, a short precis of what the contract is meant to do, and an entire evaluation of the criminal and company concerns which are addressed in that exact contract. offering non-legal execs with the instruments to handle IT contracting concerns, the publication:
- Contains checklists to aid readers manage key ideas for prepared reference
- Supplies references to necessary on-line assets and aids for agreement drafting
- Includes a CD-ROM with reusable checklists and entire word list that defines key felony, enterprise, and technical terms
Costly errors should be refrained from, possibility will be avoided, and higher contracts should be drafted in case you have entry to the correct info. choked with reader-friendly checklists, this obtainable reference will set you down that direction. caution you of the commonest pitfalls, it hands you with little-known tips and most sensible practices that will help you negotiate the most important phrases of your IT agreements with self belief and make sure you come back out on best on your subsequent agreement negotiation.
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Extra resources for A Guide to IT Contracting: Checklists, Tools, and Techniques
In such cases, your company’s NDA will likely (and should) contain specific terms to address issues that are critical to your company and are likely not included in the other party’s form agreement. If you must use the other party’s NDA and 30 • A Guide to IT Contracting: Checklists, Tools, and Techniques you will be disclosing highly confidential information or intellectual property, or there are unique regulatory issues involved, be sure to include the specific terms that are critical to your company in order to protect your company’s information adequately and appropriately.
The intellectual property infringement clause should extend to claims arising out of a claim that the software infringes any third-party Software License Agreements • 17 intellectual property including any trademark, trade secret, copyright, patent, and any other intellectual property or proprietary rights. • Include the vendor’s obligation to indemnify, defend, and hold the customer harmless from all liability including any damages and expenses incurred, arising out of or relating to the third-party claim.
If you are unable to incorporate a particular provision into the contract you are negotiating, be prepared to articulate why and understand the risk to the company of not including those provisions. Present these to the stakeholders to ensure they understand the risk and can make the appropriate business decisions with respect to whether to move forward. 1 Collecting Basic Deal Information CHECKLIST Basic Principles ☐☐ Marshal basic information ☐☐ Value of proposed transaction? ☐☐ Term of agreement?