On-Premise Software Licensing vs. Cloud Computing Contracts: Advantages and Disadvantages
Perpetual Licenses vs. Term Subscriptions, Rights in Deliverables, Data Management vs. Access, IP Indemnity, Escrow, Amendments
Recording of a 90-minute CLE video webinar with Q&A
This CLE course will advise business and technology counsel on the advantages and disadvantages of using on-premise software licensing agreements (SLAs) versus cloud computing contracts. The program will focus on the key terms in these various contracts and discuss how they differ from traditional software license terms, including when a client may wish to use a perpetual license versus term subscriptions, the rights in deliverables, and how to incorporate intellectual property indemnification. The panel will address some of the most common mistakes attorneys make in drafting these agreements.
Outline
- On-premise SLAs
- Key provisions in SLAs
- Cloud computing models and how they impact contracts
- Key provisions in cloud computing services agreements: particularly the provisions listed above
- Best practices to mitigate risk and speed negotiations
Benefits
The panel will review these and other relevant topics:
- What are the key advantages and disadvantages of using on-premises SLAs?
- When should cloud computing be considered?
- How can counsel negotiate SLAs and cloud computing to mitigate risks?
Faculty
Benjamin B. Kabak
Attorney
Loeb & Loeb
Mr. Kabak focuses his practice on technology and outsourcing matters. He advises companies in a variety of industries,... | Read More
Mr. Kabak focuses his practice on technology and outsourcing matters. He advises companies in a variety of industries, including financial services, healthcare and personal care, on business process and IT outsourcing. Mr. Kabak drafts and negotiates corporate technology agreements including those for software and data licenses, subscription services, consulting and professional services engagements, hardware purchases, managed hosted and cloud computing services, and joint ventures.
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Michael R. Overly
Partner
Foley & Lardner
Mr. Overly focuses his practice on drafting and negotiating technology related agreements, software licenses, hardware... | Read More
Mr. Overly focuses his practice on drafting and negotiating technology related agreements, software licenses, hardware acquisition, development, disaster recovery, outsourcing agreements, information security agreements, e-commerce agreements, and technology use policies. He counsels clients in the areas of technology acquisition, information security, electronic commerce, and on-line law. He is the co-author of A Guide to IT Contracting: Checklists, Tools and Techniques (CRC Press, 2012).
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