Drafting Software Agreement Warranty, Limitation of Liability and Indemnification Provisions
Negotiating Clauses That Protect Against Service Defects, Limit Potential Damages and Allocate Risk
Recording of a 90-minute CLE webinar with Q&A
This CLE webinar will provide guidance to technology and business counsel for drafting and negotiating enforceable limitation of liability (LOL), indemnification and warranty provisions in software agreements. The panel will discuss key considerations when crafting the clauses, potential enforceability challenges, and the interplay between the provisions.
- Drafting considerations and best practices for warranty, LOL, and indemnification clauses
- Interplay between provisions
- Enforceability challenges
The panel will review these and other key issues:
- How can technology and business counsel best mitigate and allocate risk when drafting and negotiating warranty, limitation of liability, and indemnification provisions in software agreements?
- What are commonly negotiated warranty and indemnification provisions for the different types of software and technology agreements?
- What are the most commonly disputed issues when negotiating these clauses and what are some effective strategies for resolving them?
- How should the various state laws and the courts’ varying interpretations of indemnification provisions impact the drafting of these provisions and the parties’ ability to recover?
- What challenges do parties commonly face when seeking to make an indemnification claim?
John M. Neclerio
Mr. Neclerio is co-chair of the firm's Technology Transactions and Licensing Practice Group. He regularly provides... | Read More
Mr. Neclerio is co-chair of the firm's Technology Transactions and Licensing Practice Group. He regularly provides general business representation to software, consulting, Internet, e-commerce and technology companies and provides counsel to entities that are licensing or acquiring software or technology related products or services, including advice with respect to agreements to implement open innovation strategies or otherwise commercially exploit intellectual property assets.Close
Cecilia Y. Oh
Hunton & Williams
Ms. Oh has extensive experience in negotiating a wide range of technology transactions, including those involving... | Read More
Ms. Oh has extensive experience in negotiating a wide range of technology transactions, including those involving payment systems, information technology and business process outsourcing, cloud-based services, ERP implementations, e-commerce and general licensing. In particular, she focuses on technology agreements in the financial services and retail industries, including core bank processing, merchant processing, card tokenization services, encryption solutions, payment gateway services, card incentive agreements, and emerging payment solutions, such as mobile wallets. Her clients include some of the largest US financial institutions and retailers.Close