Negotiating Software Contracts

How has the UK’s version of the EU General Data Protection Regulation (UK GDPR) and the Data Protection Act 2018 affected important aspects of software contract negotiation? Where do EU and UK laws now diverge in this field since Brexit and what effect does this have on software contracts? The Sixth Edition of this title provides answers to these questions, alongside updated negotiating principles and necessary licensing provisions. Readers have access to 32 downloadable precedents, ranging from professional services agreements to software licence agreements to shrink-wrap licences. Precedents and guidance are commercially focused to provide the reader with an opportunity to enhance negotiation skills via useful and practical tips. Providing an up to date analysis of a myriad of new e-commerce, data protection and related legislation and case law and sample contracts/precedents, this book allows legal professionals and business advisers to understand the full range of software contracts, from both the supplier and customer viewpoints. This title is included in Bloomsbury Professional's Intellectual Property and IT online service. 1 Understanding software licence agreements 2 Some general types of software licence agreements 3 Introduction to laws relevant to software contracts 4 European Union law 5 Understanding negotiating principles 6 Preparing for negotiations 7 Preparing the contracts 8 Checklist of the contents of a typical software licence agreement 9 Necessary licence provisions 10 Creative problem solving 11 The use of non-verbals in negotiation Precedents: 1 Software evaluation licence and confidentiality agreement 2 Shrink-wrap licence 3 Click-wrap licence 4 Software licence agreement 5 Software licence agreement checklist 6 Software support and maintenance agreement 7 Memorandum of understanding in relation to negotiation of a formal joint venture and licensing agreement 8 Agreement for software development and licensing 9 Demo licence 10 Computer games development agreement 11 Heads of Agreement for software distribution 12 Software distribution agreement 13 Multimedia product licence and distribution agreement 14 Joint software development agreement 15 Reciprocal software licence agreement 16 Agreement for supply of hardware products 17 Hardware maintenance agreement 18 Agreement for loan of hardware and software products 19 Invitation to tender 20 IT services outsourcing agreement 21 Agreement for website hosting 22 Website software development, licensing and support agreement 23 Licence agreement for link between web sites 24 Trans border data flow agreement 25 Data processing agreement 26 Software licence code 27 Escrow agreements 28 Framework agreement 29 Software services agreement 30 Value added reseller agreement and licence 31 Standard contractual clauses (controller to processors) 32 Professional services agreement