ABSTRACT

Since A Guide to IT Contracting: Checklists, Tools, and Techniques first published, several alarming trends have developed in the technology contracting industry. These trends include:

  • The Dawn of the "As-Is" Technology Product
  • The Ever-Changing Product
  • Where in the World Is My Data?

To meet these challenges, the Second Edition helps business managers and lawyers explore alternate solutions from other vendors, conduct simultaneous negotiations with other vendors, and, generally, ensure prospective vendors understand they can "lose the deal" if they refuse to act reasonably.

Distilling the most critical business and legal lessons learned through the author’s decades of legal experience drafting and negotiating IT-related agreements, this single volume lets readers quickly access information on virtually every type of technology agreement. Structured to focus on a particular type of IT agreement, each chapter includes a checklist of essential terms, a brief summary of what the agreement is intended to do, and a complete review of the legal and business issues that are addressed in that particular agreement. Providing nonlegal professionals with the tools to address IT contracting issues, the book:

  • Contains checklists to help readers organize key concepts for ready reference
  • Supplies references to helpful online resources and aids for contract drafting
  • Includes a complete glossary that defines key legal, business, and technical terms

Technology contracting is becoming ever more difficult. This book is filled with recommendations to mitigate potential risk and makes clear the importance of maintaining negotiating leverage with potential vendors.

chapter Chapter 1|7 pages

Collecting Basic Deal Information

chapter Chapter 2|15 pages

Software License Agreements

chapter Chapter 3|9 pages

Nondisclosure Agreements

chapter Chapter 4|14 pages

Professional Services Agreements

chapter Chapter 5|12 pages

Statements of Work

chapter Chapter 6|16 pages

Cloud Computing Agreements

chapter Chapter 7|10 pages

Click-Wrap, Shrink-Wrap, and Web-Wrap Agreements

chapter Chapter 8|8 pages

Maintenance and Support Agreements

chapter Chapter 9|15 pages

Service Level Agreements

chapter Chapter 10|5 pages

Idea Submission Agreements

chapter Chapter 11|8 pages

Joint Marketing Agreements

chapter Chapter 12|6 pages

Software Development Kit (SDK) Agreements

chapter Chapter 14|8 pages

Drafting OEM Agreements (When the Company Is the OEM)

chapter Chapter 15|8 pages

Original Equipment Manufacturer (OEM) Agreements

chapter Chapter 18|10 pages

Website Assessment Audits

chapter Chapter 21|8 pages

Source Code Escrow Agreements

chapter Chapter 23|10 pages

Distribution Agreements

chapter Chapter 24|5 pages

Data Agreements

chapter Chapter 25|16 pages

Website Development Agreements

chapter Chapter 26|7 pages

Social Media Policies