5 Parts to Solid ERP Contracts

5 Parts to Solid ERP Contracts

For all of the reasons I wrote about last week, ERP software system contracts are becoming increasingly complex to negotiate and draft owing to the growing number of functions such systems are required to accommodate. Because of the complexity, there are many ways an ERP project can go wrong, starting with how a user defines…

6 ERP Trends to Watch In 2019

6 ERP Trends to Watch In 2019

As 2019 looms larger on the calendar, it’s easy to forget what the great Hall of Fame catcher Yogi Berra said about looking ahead: “It’s tough to make predictions, especially about the future.” Even still, as an ERP software licensing and litigation attorney who has worked in the field for more than a decade, I…

Marcus Harris speaks on contracting and negotiating business software licensing with SAP

Software Attorney, Marcus Harris, on November 2, 2011, will speak at the fall meeting of the Canadian IT Asset Management Users’ Group (CITAMUG) in Toronto. The meeting is hosted by Ms. Sherry Irwin, President and Principal Consultant at Technology Asset Management Inc. and CITAMUG Founder and Chair. A frequent speaker on software license negotiation, Marcus…

Dealing With A Software Vendor Audit Before It Happens

Software license agreements almost always include language that allows the vendor to audit a customer’s use of the software to determine compliance with the license grant.  Standard vendor language is usually broadly drafted in favor of the vendor.  Typical language allows the vendor to conduct audits at will and capture revenue for any inadvertent usage…

Webinar Summary and Link: “Negotiating Software Licenses with Marcus Stephen Harris”

Negotiating software licenses is a complicated process that takes knowledge and skill.  Changing technology and new methods of software development and delivery have changed the game.  The consequences of getting it wrong can be severe.  “Negotiating Software Licenses with Marcus Stephen Harris” was broadcast as a webinar focused on understanding software licenses, their legal background…

Why Your Software License Limitation of Liability Clause May Not Limit Your Liability.

Software licenses contain standard provisions limiting the liability of the vendor. Typical provisions have a two-tiered structure that: (i) disclaims liability for lost profits, incidental, consequential and indirect damages, loss of good will, data loss, computer failure, or punitive damages; and (ii) places a limit on overall damages under the contract (usually limited to fees…