Synopsis
How has the UK’s version of the EU General Data Protection Regulation (UK GDPR) and the Data Protection Act 2018 affected important aspects of software contract negotiation? Where do EU and UK laws now diverge in this field since Brexit and what effect does this have on software contracts? The Sixth Edition of this title provides answers to these questions, alongside updated negotiating principles and necessary licensing provisions. Readers have access to 32 downloadable precedents, ranging from professional services agreements to software licence agreements to shrink-wrap licences. Precedents and guidance are commercially focused to provide the reader with an opportunity to enhance negotiation skills via useful and practical tips. Providing an up to date analysis of a myriad of new e-commerce, data protection and related legislation and case law and sample contracts/precedents, this book allows legal professionals and business advisers to understand the full range of software contracts, from both the supplier and customer viewpoints. This title is included in Bloomsbury Professional's Intellectual Property and IT online service.
1 Understanding software licence agreements
2 Some general types of software licence agreements
3 Introduction to laws relevant to software contracts
4 European Union law
5 Understanding negotiating principles
6 Preparing for negotiations
7 Preparing the contracts
8 Checklist of the contents of a typical software licence agreement
9 Necessary licence provisions
10 Creative problem solving
11 The use of non-verbals in negotiation
Precedents:
1 Software evaluation licence and confidentiality agreement
2 Shrink-wrap licence
3 Click-wrap licence
4 Software licence agreement
5 Software licence agreement checklist
6 Software support and maintenance agreement
7 Memorandum of understanding in relation to negotiation of a formal joint venture and licensing agreement
8 Agreement for software development and licensing
9 Demo licence
10 Computer games development agreement
11 Heads of Agreement for software distribution 12 Software distribution agreement 13 Multimedia product licence and distribution agreement 14 Joint software development agreement
15 Reciprocal software licence agreement
16 Agreement for supply of hardware products
17 Hardware maintenance agreement
18 Agreement for loan of hardware and software products
19 Invitation to tender
20 IT services outsourcing agreement
21 Agreement for website hosting
22 Website software development, licensing and support agreement
23 Licence agreement for link between web sites
24 Trans border data flow agreement
25 Data processing agreement
26 Software licence code
27 Escrow agreements
28 Framework agreement
29 Software services agreement
30 Value added reseller agreement and licence
31 Standard contractual clauses (controller to processors)
32 Professional services agreement
About the Author
Susan Singleton is a solicitor with her own London commercial firm of solicitors, Singletons (www.singlelaw.com) which advises a large range of UK and international clients on business law with particular emphasis on commercial, IT/IP, corporate, data protection, competition law and contracts including some litigation. Author of 33 law books and contributor to 52 more, she writes regularly on legal matters for a variety of publications. She has given about 1700 legal courses/lectures since 1990 in 16 countries i.e. in the UK, Austria, Belgium, Dubai, France, Germany, Holland, Hungary, Iran, Ireland, Nigeria, Spain, Sweden, Switzerland, Trinidad and Turkey. She publishes nine subscription legal newsletters acquired from Informa including - IT Law Today, Corporate Briefing, Pensions Today and Finance and Credit Law. She practised first at London law firms Slaughter and May and Bristows before founding her own firm in 1994. She sat on the Direct Marketing Authority for 5 years and was Vice Chairman of the Competition Law Association. In 2020 she was one of the Society of Computers and Law Female Tech Law Heroes. A mother of five (her daughters both qualified as solicitors in 2011/12, her oldest son avoided the law and her twin sons are due to qualify as solicitors in 2024) in her spare time she plays the piano, sings and tends her garden. She has three grandchildren. She is past Chairman of Pinner Hill Residents Association and until recently enjoyed her own island in Panama. She can be followed on twitter at singlelaw.
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