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“YOUR CODE AND YOU”
P. Haans MulderCunningham Dalman, P.C.
Software Licensing @ The Garage
Background• Attorney and partner at Cunningham Dalman, P.C.
• Specialize in business law (subspecialty in technology law) and estate planning
• Have a Masters in Tax (MST)
Background• Cunningham Dalman, P.C. is located in Holland and has been serving the greater Holland area since 1900
• We have 15 attorneys specializing in all areas of the law
Licensing Issues• Grant of license
• Description of project
• Process for testing and acceptance
Licensing Issues• Services and payment
• Warranties and disclaimers
• Maintenance and support
• Miscellaneous provisions
Grant of License• Who can use it?
• What rights are provided?
• Is it transferable?
Description of Project• What is the scope of the project?
• What are the milestones?
• What process is in place to monitor and if necessary change the project?
Process for Testing and Acceptance• What is the test period?
• What are the acceptance criteria?
• What are the remedies for rejection?
Services and Payment• Is the description objective and quantifiable?
• Is payment based on meeting milestones?
• When is payment required in full?
Warranties and Disclaimers• Is there a warranty of ownership?
• Is there is warranty that against harmful code (i.e. viruses, etc.)?
• Are implied warranties disclaimed?
Maintenance and Support• When does it begin and what is the length of the term?
• What services are provided (i.e. updates, one-site availability, etc.)?
• Will fees be charged?
Miscellaneous Provisions• Structure of agreement
• Governing law/consent to jurisdiction
• Integration clause
• Remedies (i.e. attorney fees, etc.)
Questions…
P. Haans Mulder321 Settlers RoadHolland, MI [email protected]://www.linkedin.com/in/phaansmulderhttp://twitter.com/haansmulderhttp://www.facebook.com/haans.mulder