SOLOWAy | Schwartz

Technology Law Experts

Technology Commercialization 

We routinely review, draft, and negotiate the following forms of agreements in connection with the commercialization of technology:

 ·  Software license agreements using perpetual and subscription delivery models;
·  Alpha and beta license agreements, shrink-wrap, click-through, enterprise licenses, application service provider or SaaS subscription agreements, source code licenses;
·  VAR, OEM and reseller agreements;
·  Distributor agreements;
· Referral agreements;
·  Software development agreements;
·  Open Source agreements and consortia issues;
· Marketing and strategic agreements and alliances;
·  Nondisclosure agreements;
·  Porting agreements;
·  Hosting agreements and service level agreements;
·  Software escrow agreements;
·  Assignment and assumption agreements;
·  Services and systems integrator agreements;
·  Consulting services agreements;
·  Website development agreements;
·  Website terms – terms of use, privacy policies, acceptable use policies;
·  Outsourcing agreements;
·  Courseware development agreements;
·  Maintenance agreements; and
·  Subcontractor service agreements.

Recent Representative Transactions:

·  Represent software companies of all sizes and at all stages of development in the formation of licensing strategies and the negotiation of their contracts, including perpetual, SaaS or cloud-based, subscription, click-through and other licensing models;

·  Represent purchasers of technology in the negotiation of license and related service and hardware purchase agreements;

·  Represent the world’s leading internet infrastructure company in multiple sales transactions;

·  Represent small and large, market-leading software and SaaS companies across the country in the negotiation of complex licensing, development, services and distribution arrangements on an ongoing basis;

·  Negotiated a complex, multi-million dollar sublicensing arrangement for an application service provider’s solution to a European government;

·  Negotiated a joint venture arrangement in Japan among a US software company, the seventh largest Japanese trading company and a Japanese software company resulting in the commencement of the US company’s operations in Japan;

·  Represent  a Fortune 100 company in its Indian outsourcing initiative;

·  Prepared a playbook for licensing transactions for contract negotiators;

·  Represented leading national bank in the negotiation of off-site data storage and processing agreement and several software license and services agreements; 

·  Represent numerous start-up software producers in multi-million dollar license negotiations with Fortune-500 customers;

·  Represented numerous system integration firms in negotiation of complex technology services agreements.