Drafting Software Agreement Warranty, Limitation of Liability, and Indemnification Provisions
Negotiating Clauses That Protect Against Service Defects, Limit Potential Damages, and Allocate Risk
A live 90-minute CLE webinar with interactive Q&A
This CLE webinar will guide technology and business counsel on 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 impact drafting these provisions and the parties' ability to recover?
- What challenges do parties often face when making an indemnification claim?
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
to be announced.
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