Negotiating SaaS Agreements: Drafting Key Contract Provisions, Protecting Customer and Vendor Interests

Recording of a 90-minute CLE webinar with Q&A


Conducted on Tuesday, August 8, 2017
Recorded event now available


This CLE webinar will discuss the latest trends in drafting and negotiating Software as a Service (SaaS) agreements. The panel will discuss critical issues that should be addressed in the agreements and strategies to avoid common contracting pitfalls.

Description

Cloud-based software applications continue to evolve, requiring corporate and technology counsel to continually renegotiate clients’ standard software license agreements to fit the new SaaS model.

Well-drafted SaaS agreements address who owns the data, who can access it, how it will be protected in the event of a data breach, and how it will be recovered in the event of system failure. Effective SaaS contracts also include a service guarantee, which outlines when the data will be made available to the customer and reasonable response times for customer complaints.

Counsel to SaaS customers and vendors must understand the key clauses that should be included in SaaS agreements and common challenges with drafting and negotiating the contracts in order to provide useful guidance to their clients.

Listen as our authoritative panel explains best practices for negotiating and drafting SaaS agreements. The panel will discuss critical provisions that should be included in the agreements and considerations for customers and vendors during contract negotiations.

Outline

  1. Drafting and negotiating key provisions in the SaaS agreement
    1. Ownership of data
    2. Access to data
    3. Data security
    4. Service level agreement
    5. Limitations and warranties
    6. Indemnification
    7. Other critical provisions
  2. Recent legal developments and business trends impacting SaaS agreements

Benefits

The panel will review these and other key issues:

  • What are the key distinctions between on-site and provider-hosted software? Why does it matter from a legal standpoint?
  • How can concerns about data privacy, security, access, integrity and recovery be addressed in the SaaS contract?
  • What are some best practices for drafting SaaS agreements to ensure that SaaS services will continue to be available and supported?

Faculty

Kelley C. Miller, Atty
Reed Smith, Washington, D.C.

Ms. Miller's practice areas include cloud computing, complex federal tax controversies, state and federal tax issues involving closely held entities, state tax planning and litigation and tax planning issues involving E-Commerce, and state nexus. She presents on cloud computing, particularly negotiating SaaS agreements. She also has written and spoken widely on numerous federal and state tax topics for clients representing a broad spectrum of industries, including exempt organizations.

Kristie D. Prinz
The Prinz Law Office, Silicon Valley, CA

Ms. Prinz's practice focuses on representing hardware, software, software-as-a service (“SaaS”), telecommunications, information technology, marketing, online advertising, biotech, medical device, medical software, health technology, Internet-based companies, and Internet-based healthcare-focused companies on a variety of domestic and international transactional matters. Her focus includes drafting and negotiating technical commercial agreements; developing standard terms of service; negotiating and drafting licensing agreements and collaborations; and advising companies generally on how to protect their intellectual property. Prior to opening her own firm, she was in the licensing group of the New York-based intellectual property firm of Pennie & Edmonds LLP in Palo Alto, CA.


Recordings

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Customer Reviews

I thought the content covered in the webinar was very helpful.

Stephanie Hooks

LexisNexis

The presentation was perfect - not too technical or legal. Keep up the good work!!

Patricia Embley

Great program.

Jennifer Doran

Hinckley, Allen & Snyder

I liked the concise and clear presentation of the subject matter.

Arthur Glassman

Moss & Barnett

Clearly had right speakers for this seminar.

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Business Contracts and Franchise Advisory Board

Vincent R. Martorana

Assistant General Counsel

KPMG

Charles (C. J.) Schoenwetter

Partner

Bowman and Brooke

Rochelle Spandorf

Partner

Davis Wright Tremaine

Craig Tractenberg

Partner

Fox Rothschild

Les Wharton

Chief Legal Officer

Coverall North America

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