Learn how to avoid pitfalls in software sales and implementation agreements and steer clear of problems down the road.
Software runs businesses, but few devote the time and resources to understand the issues and oddities associated with software acquisition. Unlike equipment purchases, software acquisition involves development, licensing, deployment, support, and maintenance. Too often, the purchase and implementation dooms the effort, and the parties must contend with spiraling costs and inoperable business applications. Many such conflicts could be resolved during the contracting process, before implementation begins. This topic is designed to conveniently educate decision makers for companies that purchase software, and those that sell software or offer consulting services, to understand the pitfalls in software sales and implementation agreements, and to help them understand the nature and scope of resulting disputes before they happen.
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The Agreement Environment
- Needs of the Parties
- Relationships Between the Parties
Issues to Be Addressed in the Agreement
- Services and Deliverables
- Ongoing Obligations
- Technology Ownership
- Expectations in Litigation
- Effective Strategies
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This course was last revised on August 13, 2019.
Call 1-866-352-9540 for further credit information.
- AK CLE 1.5
- Alaska attorneys may receive 1.5 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 1.5
- This course or a portion thereof has been approved by the Alabama State Mandatory Continuing Legal Education Commission for a maximum of 1.5 hours credit.
- Arizona CLE 1.5
- 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 1.5 hours toward your annual CLE requirement for the State Bar of Arizona.
- CA MCLE 1.5
- Lorman Business Center, LLC. is a State Bar of California approved MCLE sponsor and this course qualifies for 1.5 CLE hours of participatory credit.
- CT CLE 1.5
- 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: 1.5 CLE credit(s).
- HI CLE 1.5
- This program was approved by the Hawaii State Board of Continuing Legal Education for 1.5 CLE credit hours.
- ID CLE 1.5
- This program has been approved by the Idaho State Bar for 1.5 CLE hours.
- IL CLE 1.5
- This course was approved for a total of 1.5 hours of MCLE Credit by the Illinois MCLE Board.
- ME CLE 1.5
- This course has been approved by the State of Maine Board of Overseers of the Bar. Lawyers who complete this course shall receive 1.5 hours of CLE credit under M. Bar R. 12.
- MN CLE 1.5
- This program has been approved by the Minnesota Board of Continuing Legal Education for 1.5 hours of credit.
- MO CLE 1.8
- This course qualifies for self-study CLE credit in Missouri.
- MT CLE 1.5
- This program has been approved by the Montana Commission of Continuing Legal Education for a total of 1.5 CLE credits.
- ND CLE 1.5
- North Dakota CLE policy does not allow for pre-approval of any self-study courses. This course may qualify for up to 1.5 hours of CLE credit.
- NH MCLE 1.5
- 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: 90 Minutes.
- NM CLE 1.5
- This program has been approved by the New Mexico Minimum Continuing Legal Education Board for 1.5 hours of credit.
- NY CLE 1.5 including Areas of Professional Practice 1.5
- This course has been approved in accordance with the requirements of the New York Continuing Legal Education Board for up to a maximum of 1.5 credit hours in the area(s) of Areas of Professional Practice for 1.50 hours. 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 both established and newly admitted attorneys. Lorman Business Center, LLC. has a financial hardship guideline. Please contact customer service at 1.866.352.9539 for instructions on how to apply.
- OR CLE 1.5
- Approved for 1.5 CLE credits in Oregon.
- PA CLE 1.5
- This Distance Learning program has been approved by the Pennsylvania Continuing Legal Education Board for 1.5 hours of substantive law, practice and procedure CLE credit.
- RI CLE 1.5
- This program has been approved by the Rhode Island Mandatory Continuing Legal Education Commission for 1.5 hours of CLE credit.
- UT CLE 1.5
- This program has been approved by the Utah State Board of Continuing Legal Education for 1.5 CLE hours.
- VT CLE 1.5
- This self-study program has been approved by the Mandatory Continuing Legal Education Board of Vermont for 1.5 hour(s) of CLE credit. Please note: Attorneys may only claim 6 credits per compliance period in this format. This course is considered "Non-Moderated Programming without Interactivity".
- WA CLE 1.5
- This program has been approved by the Washington State Board of Continuing Legal Education for 1.5 hours of A/V credit under the Law & Legal Procedure category.
- WV MCLE 1.8
- This program has been approved by the West Virginia State Bar MCLE Commission for 1.8 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.
This program does NOT qualify, nor meet the National Standard for NASBA accreditation.
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Geoffrey S. Kercsmar
Kercsmar & Feltus PLLC
- Managing partner of Kercsmar & Feltus PLLC
- Practice concentrates on commercial and contractual litigation and intellectual property disputes
- Handling complex litigation for nearly twenty years, including lawsuits involving business contracts, technology contracts, business torts, employment, and consulting agreements, intellectual property and trademarks, construction, professional malpractice, corporate governance, and commercial fraud
- J.D. degree, Penn State University's Dickinson School of Law; B.A. degree, with honors, Trent University
- Can be contacted at 480-421-1001 or [email protected]
Daniel J. Noblitt
The Noblitt Group, PLLC
- Manager of The Noblitt Group, PLLC, a boutique intellectual property law firm
- Practice dedicated to patents, trademarks, trade dress, copyrights, trade secrets, technology transfer, and related litigation, licensing, and counseling
- Practiced intellectual property law for 25 years, representing large companies, small companies, and individuals to protect and commercialize intellectual property
- Adjunct professor at the Sandra Day O’Connor College of Law at Arizona State University
- Recognized by The Best Lawyers in America for several years, and frequently speaks on matters involving technology and intellectual property law
- Admitted to the bar in Arizona, Texas, and the United States Patent and Trademark Office
- J.D. degree, University of Oklahoma College of Law; B.S. degree in electrical engineering, University of Wyoming
- Can be contacted at 480-994-9888 or [email protected]
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