Corporate Counsel Partners, ALCSmith&wilson Legal Solutions for Entrepreneurs and Emerging Companies

Software and Technology Agreements

 On July 8, 2014
 With 0 Comment

Handling agreements that govern the intellectual property of a company takes special skill. One of our core expertise is drafting and negotiating a variety of software and technology agreements, including:

•  software license agreements
•  master service agreements for software services and implementation
•  software escrow agreements
•  enterprise hosting agreements
•  managed services agreements
•  beta testing agreements
•  software distribution agreements
•  joint development agreements
•  website development agreements
•  click to accept/electronic agreements
•  multi-media licensing agreements
•  website hosting agreements
•  website terms and conditions
•  privacy policies
•  content licensing agreements
•  master services agreements
•  website hosting agreements
•  network license and maintenance agreements

Often, we are called upon to draft custom agreements for new types of technology, or for innovative licensing arrangements. We are also experienced not just with negotiations for our technology providers, but for the clients that license these technologies. Our representation has included:

• A global ERP and CRM implementer, drafting and negotiating agreements with partners, suppliers, global affiliates and customers utilizing the company’s services;

• Several top-tier higher education institutions implementing Student Information Systems and Financial/HR packages that include Oracle Peoplesoft Campus Solutions, Ellucian Banner Products, and SAP, along with the experience negotiating against the major consulting firms who implement these systems;

• Software developers who are developing new software packages to license to clients both domestically and internationally;

• A medical records technology company delivering new solutions to the market in health plan compliance, while leveraging their own software and patented technology;

• A sought after remote management solution used by the largest names in the broadcast and telecommunications industry to monitor and control remote systems;

• Web developers and other design/build consultants working in the technology space;

• Numerous startups who have developed web and social media applications.


Intellectual Property Licensing


These days, the value of many businesses is highly dependent on the intellectual property that the company owns or licenses.  We have worked with a variety of clients in the technology, media, software, and higher education fields for almost 20 years, assisting both licensors and licensees of intellectual property to make sure that their agreements reflect their business goals, and allocate both the benefits and risks of the transaction in an equitable manner.

Protecting your intellectual property extends beyond simply filing for that protection, and even goes beyond careful drafting of the agreements which license that technology to or from others.  Often, some of the most crucial protections are found in key provisions in employment agreements, independent contractor agreements and agreements with vendors and consultants that interact with these important rights.

We employ a holistic approach to determining the best strategy to help you protect these valuable assets.  This often includes a referral to a patent attorney or to a trademark specialist if registration of your rights would improve that protection.  Whatever the strategy, our main desire is to see you increase the value of all of your intellectual property for the overall benefit of the company.