Technology Transactions

We routinely review, draft, and negotiate a variety of agreements in connection with the commercialization of technology, including:

  • Software license agreements using perpetual and subscription delivery models;

  • Alpha and beta license agreements, shrink-wrap, click-through, enterprise licenses, software-as-a-services (SaaS) subscription agreements, source code licenses;

  • VAR, OEM and reseller agreements;

  • Distributor agreements;

  • Referral agreements;

  • Intellectual property development, licensing, and commercialization agreements;

  • Payment processing agreements;

  • Open Source agreements and consortia issues;

  • Marketing and strategic alliance agreements;

  • Non-disclosure agreements (NDAs);

  • Data transfer and licensing agreements;

  • Hosting and service level agreements;

  • Software escrow agreements;

  • Assignment and assumption agreements;

  • Master services and systems integrator agreements;

  • Consulting services agreements;

  • Website development agreements;

  • Website terms – terms of use, privacy policies, and acceptable use policies;

  • Courseware development agreements;

  • Maintenance and support agreements; and

  • Subcontractor agreements.

Recent Representative Transactions:

  • Represent software companies of all sizes and at all stages of development in the formation of licensing strategies and the negotiation of their contracts, including perpetual, SaaS or cloud-based, subscription, click-through and other licensing models;

  • Represent purchasers of technology in the negotiation of license and related service and hardware purchase agreements;

  • Represent the world’s leading internet infrastructure company in multiple sales transactions;

  • Represent small and large, market-leading software and SaaS companies across the country in the negotiation of complex licensing, development, services and distribution arrangements on an ongoing basis;

  • Negotiated a complex, multi-million dollar sublicensing arrangement for an application service provider’s solution to a European government;

  • Negotiated a joint venture arrangement in Japan among a US software company, the seventh largest Japanese trading company and a Japanese software company resulting in the commencement of the US company’s operations in Japan;

  • Represent a Fortune 100 company in its Indian outsourcing initiative;

  • Prepared a playbook for licensing transactions for contract negotiators;

  • Represented leading national bank in the negotiation of off-site data storage and processing agreement and several software license and services agreements;

  • Represent numerous start-up software producers in multi-million dollar license negotiations with Fortune-500 customers;

  • Represented numerous system integration firms in negotiation of complex technology services agreements.