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 guide technology and business counsel when drafting and negotiating enforceable limitation of liability (LOL), indemnification and warranty provisions in software agreements. The panel will discuss crucial considerations for 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 crucial issues:
- How can technology and business counsel act to mitigate and allocate risk when drafting and negotiating warranty, LOL and indemnification provisions in software agreements?
- What are the most commonly negotiated warranty and indemnification provisions in different types of software and technology agreements?
- What disputes arise in negotiating these clauses, and what are practical strategies for resolving them?
- How should the various state laws and the courts’ varying interpretations of indemnification provisions affect drafting these provisions and the parties’ ability to recover?
- What challenges do parties often face when making an indemnification claim?
Mr. Denman represents small, emerging businesses as well as some of the world’s largest publicly traded software... | Read More
Mr. Denman represents small, emerging businesses as well as some of the world’s largest publicly traded software and technology companies. His experience includes a wide variety of industries, including healthcare IT, cloud infrastructure and services, electronic communication equipment, and internet commerce, among others. Mr. Denman’s services include legal advice and support with respect to in-bound and out-bound software licensing negotiation and advice; subscription, SaaS and cloud-based agreements; supply and contract manufacturing and design agreements; technology transfers; and technology and IP transactions, including reseller, distribution, services, consulting and development agreements.Close
John M. Neclerio
Mr. Neclerio is co-chair of the firm's Technology Transactions, Licensing and Commercial Contracts Practice... | Read More
Mr. Neclerio is co-chair of the firm's Technology Transactions, Licensing and Commercial Contracts 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