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Technology and Software Licensing 

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Technology and Software Licensing, including Enterprise and Open Source

We have advised clients on numerous transactions and matters relating to the development, commercialization, sales and procurement of software and technology, including:

  • Software License and Support Agreements
  • Enterprise and Site License Agreements
  • Clickwrap/Shrinkwrap Licenses
  • Evaluation Licenses
  • Source Code Licenses
  • Open Source Software Licenses
  • Open Source Compliance Programs
  • Software License Checklists and Training for In-House Sales Departments
  • Distribution Agreements
  • OEM/VAR/ISV Agreements
  • Software Development Agreements
  • Independent Consulting Agreements
  • SDK (Software Development Kit Licenses)
  • ASP (Application Service Provider)/Hosting Agreements
  • SaaS (Software as a Service) Agreements
  • Outsourced Support and Service Agreements
  • SLAs (Service Level Agreements)
  • Patent, Copyright, Trade Secret and Technology Licenses
  • Trademark Licenses

Representative Transactions:

For Critical Path, Inc.:

  • Negotiated software licenses and service agreements with wireless carriers and telecommunications providers worldwide, including: AT&T, Verizon, BellSouth, Nortel, T-Mobile, British Telecom, O2, Vodafone, Nokia, Hutch Wireless, Swisscom, Telecom Italia, Telia, Telstra, Tiscali, Wind, Indosat, IDEA, China Mobile, PCCW, SK Communications, Viet Tel, and Brasil Telecom;
  • Negotiated strategic alliance, marketing, teaming and system integrator agreements with partners such as Accenture, Hewlett Packard, Ericsson, Nokia, EDS, IBM, Logica, and Unisys;  
  • Negotiated enterprise licenses and hosted service agreements with customers such as General Electric, EDS, IBM, Bristol Meyers, DuPont, UBS, Citibank, Morgan Stanley, Visa, New York Life, Royal Bank of Canada, Royal Bank of Scotland, Walmart, State Farm, the U.S. Department of Justice and the Canada Department of National Defens, among others;
  • Developed an open source software compliance program and worked with product development and release teams to monitor and track open source usage, draft documentation, and ensure compliance with open source license terms and conditions.

Presented a "Licensing Fundamentals" training program to Siebel Systems' in-house legal department, including licensing checklists and a playbook for negotiating software licenses and technology transactions.

Advised OpenTV regarding its license and distribution strategy and its patent and technology licenses for interactive television technology with Thomson NV.

Advised Rhapsody Networks in its negotiation of a key OEM Development and Distribution License Agreement with Veritas Software to bundle and distribute Veritas’ operating system software with Rhapsody’s network switching system.

 

 

 


 
 

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