A Guide to IT Contracting

This book provides business people and lawyers (both in-house and in private practice) with an easily understandable and accessible handbook to quickly grasp the issues and implement solutions with respect to a broad range of technology-related agreements.

Since A Guide to IT Contracting: Checklists, Tools, and Techniques first published, several alarming trends have developed in the technology contracting industry. These trends include:

• The Dawn of the "As-Is" Technology Product

• The Ever-Changing Product

• Where in the World Is My Data?

  To meet these challenges, the Second Edition helps business managers and lawyers explore alternate solutions from other vendors, conduct simultaneous negotiations with other vendors, and, generally, ensure prospective vendors understand they can "lose the deal" if they refuse to act reasonably.

Distilling the most critical business and legal lessons learned through the author's decades of legal experience drafting and negotiating IT-related agreements, this single volume lets readers quickly access information on virtually every type of technology agreement. Structured to focus on a particular type of IT agreement, each chapter includes a checklist of essential terms, a brief summary of what the agreement is intended to do, and a complete review of the legal and business issues that are addressed in that particular agreement. Providing nonlegal professionals with the tools to address IT contracting issues, the book:

• Contains checklists to help readers organize key concepts for ready reference

• Supplies references to helpful online resources and aids for contract drafting

• Includes a complete glossary that defines key legal, business, and technical terms

  Technology contracting is becoming ever more difficult. This book is filled with recommendations to mitigate potential risk and makes clear the importance of maintaining negotiating leverage with potential vendors.

  Klappentext

  Since A Guide to IT Contracting: Checklists, Tools, and Techniques first published, several alarming trends have developed in the technology contracting industry. These trends include: The Dawn of the "As-Is" Technology Product The Ever-Changing Product Where in the World Is My Data? To meet these challenges, the Second Edition helps business managers and lawyers explore alternate solutions from other vendors, conduct simultaneous negotiations with other vendors, and, generally, ensure prospective vendors understand they can "lose the deal" if they refuse to act reasonably. Distilling the most critical business and legal lessons learned through the author's decades of legal experience drafting and negotiating IT-related agreements, this single volume lets readers quickly access information on virtually every type of technology agreement. Structured to focus on a particular type of IT agreement, each chapter includes a checklist of essential terms, a brief summary of what the agreement is intended to do, and a complete review of the legal and business issues that are addressed in that particular agreement. Providing nonlegal professionals with the tools to address IT contracting issues, the book: Contains checklists to help readers organize key concepts for ready reference Supplies references to helpful online resources and aids for contract drafting Includes a complete glossary that defines key legal, business, and technical terms Technology contracting is becoming ever more difficult. This book is filled with recommendations to mitigate potential risk and makes clear the importance of maintaining negotiating leverage with potential vendors.

  Inhalt

Chapter 1. Collecting Basic Deal Information
Chapter 2. Software License Agreements
Chapter 3. Nondisclosure Agreements
Chapter 4. Professional Services Agreements
Chapter 5. Statements of Work
Chapter 6. Cloud Computing Agreements
Chapter 7. Click-Wrap, Shrink-Wrap, and Web-Wrap Agreements
Chapter 8. Maintenance and Support Agreements
Chapter 9. Service Level Agreements
Chapter 10. Idea Submission Agreements
Chapter 11. Joint Marketing Agreements
Chapter 12. Software Development Kit (SDK) Agreements
Chapter 13. Key Issues and Guiding Principles for Negotiating a
Software License or OEM Agreement
Chapter 14. Drafting OEM Agreements (When the Company is the OEM)
Chapter 15. Original Equipment Manufacturer (OEM)
Agreements
Chapter 16. Health Insurance Portability and Accountability Act
(HIPAA) Compliance
Chapter 17. Reducing Security Risks in Information Technology Contracts
Chapter 18. Website Assessment Audits
Chapter 19. Critical Considerations for Protecting IP in a
Software Development Environment
Chapter 20. Transactions Involving Financial Services Companies as the Customer
Chapter 21. Source Code Escrow Agreements
Chapter 22. Integrating Information Security into the Contracting Life Cycle
Chapter 23. Distribution Agreements
Chapter 24. Data Agreements
Chapter 25. Website Development Agreements
Chapter 26. Social Media Policies
Chapter 27. Critical Considerations for Records Management and Retention