Gain valuable insights and tips for crafting effective and enforceable hosting agreements.
Drafting software hosting agreements can be complex and challenging. Such agreements require careful consideration of the roles and responsibilities of the parties involved, the scope and limitations of the services to be provided, the applicable laws and regulations, and the potential risks and liabilities associated with hosting software. In this presentation, we will provide practical guidance on key issues to consider when drafting software hosting agreements, including service level agreements, data security and privacy, intellectual property rights, indemnification and liability, termination and transition, and dispute resolution. We will also discuss best practices for negotiating and drafting these agreements to ensure that they accurately reflect the needs and expectations of all parties and help minimize potential disputes and legal challenges down the line. Whether you are a software vendor, a hosting provider, or a customer looking to host your software, this presentation will give you valuable insights and tips for crafting effective and enforceable hosting agreements that protect your interests and promote successful collaborations.
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Why Lorman?
Over 37 years and 1.4 million customers worth of experience providing continuing education. Our passion is providing you world-class training to help you succeed in business and as a professional.
Agenda
Overview
Understanding the Parties and the Agreement
- Identifying the Parties Involved in the Software Hosting Agreement
- Defining Key Terms and Concepts
Scope of Services
- Defining the Scope of the Hosting Services to Be Provided
- Outlining Any Service Level Agreements (SLAs)
Responsibilities and Obligations
- Outlining the Responsibilities and Obligations of Both Parties
- Addressing Issues Such as Maintenance, Security, Backups, and Disaster Recovery
Payment and Fees
- Discussing the Payment Structure and Fees Associated With the Hosting Services
- Outlining Any Pricing Models or Payment Schedules
Term and Termination
- Outlining the Length of the Agreement and the Conditions for Termination
- Addressing Issues Such as Notice Periods and Early Termination Fees
Intellectual Property Rights
- Discussing the Ownership and Use of Intellectual Property in the Agreement
- Outlining Any Licensing or Usage Restrictions
Liability and Indemnification
- Addressing Issues of Liability and Indemnification for Both Parties
- Outlining Any Limitations of Liability and the Scope of the Indemnification Clause
Dispute Resolution and Governing Law
- Discussing the Process for Resolving Disputes Between the Parties
- Identifying the Governing Law for the Agreement
Conclusion
- Summarizing the Key Takeaways
- Questions and Answers
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Why Lorman?
Over 37 years and 1.4 million customers worth of experience providing continuing education. Our passion is providing you world-class training to help you succeed in business and as a professional.
Credits
OnDemand Course
This course was last revised on April 12, 2023.
Call 1-866-352-9540 for further credit information.
- AK CLE 1.0
- Alaska attorneys may receive 1.0 hours of continuing legal education for completing this program. Please contact the Alaska Bar Association or go to www.alaskabar.org for details regarding reciprocity with other states.
- AL CLE 1.1
- This course or a portion thereof has been approved by the Alabama State Mandatory Continuing Legal Education Commission for a maximum of 1.1 hours credit.
- AR CLE 1.0
- This course has been approved for 1.0 hours of CLE by the Arkansas CLE Board.
- Arizona CLE 1.0
- The Arizona State Bar does not pre-approve or pre-certify MCLE programs. However, records of this program and attendance will be maintained by Lorman Education Services for auditing purposes. This activity may qualify for up to 1.0 hours toward your annual CLE requirement for the State Bar of Arizona.
- CA MCLE 1.0
- Lorman Business Center, LLC. is a State Bar of California approved MCLE sponsor and this course qualifies for 1.0 CLE hours of participatory credit.
- CT CLE 1.0
- Neither the Connecticut Judicial Branch nor the Commission on Minimum Continuing Legal Education approve or accredit CLE providers or activities. This course has been approved for CLE credit in jurisdictions aside from CT and therefore it automatically meets the content and delivery requirements in Connecticut. Credit is based on a 60 minute credit hour and shall be awarded as follows: 1.0 CLE credit(s).
- GA CLE 1.0
- This program has been approved by the Georgia Commission on Continuing Lawyer Competency for 1.0 CLE hours.
- HI CLE 1.0
- This program was approved by the Hawaii State Board of Continuing Legal Education for 1.0 CLE credit hours.
- MO CLE 1.3
- This course qualifies for self-study CLE credit in Missouri.
- ND CLE 1.0
- North Dakota CLE policy does not allow for pre-approval of any self-study courses. This course may qualify for up to 1.0 hours of CLE credit.
- NH MCLE 1.1
- NH MCLE does not approve or accredit CLE activities for the NH Minimum CLE requirement. Lorman Education Services believes this Ondemand course meets the requirement of NH Supreme Court Rule 53 and may qualify for CLE credit(s). Program Length: 67 Minutes.
- NM CLE 1.1
- This program has been approved by the New Mexico Minimum Continuing Legal Education Board for 1.1 hours of credit.
- NV CLE 1.0
- This program has been approved by the Nevada Board of Continuing Legal Education for 1.0 CLE hours.
- NY CLE 1.0 including Skills 1
- This course has been approved in accordance with the requirements of the New York Continuing Legal Education Board for up to a maximum of 1.0 credit hours in the area(s) of Skills for 1.00 hour. Each hour may be counted only as satisfying one category of credit. Duplicate credit for the same hour of instruction is not permitted. This course qualifies for credit for established attorneys only. Lorman Business Center, LLC. has a financial hardship guideline. Please contact customer service at 1.866.352.9539 for instructions on how to apply.
- OH CLE 1.0
- This course has been approved by the Ohio Supreme Court Commission on Continuing Legal Education for 1.0 CLE credit hours. Please note: No more than twelve (12) hours of self-study CLE credit for any biennial reporting period may be earned by an Attorney or Judge under Regulation 409.2. To fulfill CLE requirements for self-study, web-based programs, you must complete 100% of the polling questions during the program. Your hours will be filed electronically within thirty (30) business days by Lorman Education Services provided you fulfilled 100% attendance and polling questions answered.
- PA CLE 1.0
- This Distance Learning program has been approved by the Pennsylvania Continuing Legal Education Board for 1.0 hours of substantive law, practice and procedure CLE credit.
- RI CLE 1.0
- This program has been approved by the Rhode Island Mandatory Continuing Legal Education Commission for 1.0 hours of CLE credit.
- VA CLE 1.0
- This program has been approved by the Virginia Mandatory Continuing Legal Education Board for 1.0 CLE credit hours.
- VT CLE 1.0
- This self-study program has been approved by the Mandatory Continuing Legal Education Board of Vermont for 1.0 hour(s) of CLE credit. Please note: Attorneys may only claim 12 credits per compliance period in this format. This course is considered "Non-Moderated Programming without Interactivity".
- WA CLE 1.0
- This program has been approved by the Washington State Board of Continuing Legal Education for 1.0 hours of A/V credit under the Law & Legal Procedure category.
- WI CLE 1.0
- This program qualifies for 1.0 hour(s) of ondemand CLE through the WI Board of Bar Examiners.
- WV MCLE 1.3
- This program has been approved by the West Virginia State Bar MCLE Commission for 1.3 MCLE hours.
To earn each credit Lorman offers through the OnDemand learning platform, you need to watch 100% of the program. Also, for certain credits you will need to fulfill additional requirements which will be displayed on the "credits" tab when viewing the course.
Virginia MCLE requirements do not allow approval for programs that do not include an audio or audiovisual component.
This program was previously offered as a live webinar. Virginia MCLE requirements do not allow approval for attendance at duplicate programs.
This program does NOT qualify, nor meet the National Standard for NASBA accreditation.
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Why Lorman?
Over 37 years and 1.4 million customers worth of experience providing continuing education. Our passion is providing you world-class training to help you succeed in business and as a professional.
Faculty
Robert Scott
Scott & Scott, LLP
- Managing Partner
- Advises technology companies of all sizes regarding offering Cloud and Managed Services, helping MSPS to become better protected in a time of high cybersecurity, ransomware risks, and new emerging threats
- Represents mid-market and large enterprise companies in software license transactions and disputes with major software publishers such as Adobe, IBM, Microsoft, Oracle, and SAP
- Has defended over 250 software audit matters initiated by software piracy trade groups such as the BSA and SIIA
- Has presented across the country for various groups including the MSP Alliance, OTX Roundtable, Technology Assurance Group, CAUCUS IT Procurement
- Licensed to practice law in Texas
- Member of the State Bar of Texas, the Dallas Bar Association’s Science and Technology Section, the Data Privacy & Security Committee of the State Bar of Texas, the Science and Technology Section of the American Bar Association, and serves as a member of the MSP Alliance Advisory Board
- Law degree, Hofstra University School of Law; B.A. degree in economics, summa cum laude, Austin College
- Can be contacted at [email protected] or 214-999-2902
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Why Lorman?
Over 37 years and 1.4 million customers worth of experience providing continuing education. Our passion is providing you world-class training to help you succeed in business and as a professional.
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