“YOUR CODE AND YOU”

P. Haans MulderCunningham Dalman, P.C.

Software Licensing @ The Garage

Background• Attorney and partner at Cunningham Dalman, P.C.

• Specialize in business law (subspecialty in technology law) and estate planning

• Have a Masters in Tax (MST)

Background• Cunningham Dalman, P.C. is located in Holland and has been serving the greater Holland area since 1900

• We have 15 attorneys specializing in all areas of the law

Licensing Issues• Grant of license

• Description of project

• Process for testing and acceptance

Licensing Issues• Services and payment

• Warranties and disclaimers

• Maintenance and support

• Miscellaneous provisions

Grant of License• Who can use it?

• What rights are provided?

• Is it transferable?

Description of Project• What is the scope of the project?

• What are the milestones?

• What process is in place to monitor and if necessary change the project?

Process for Testing and Acceptance• What is the test period?

• What are the acceptance criteria?

• What are the remedies for rejection?

Services and Payment• Is the description objective and quantifiable?

• Is payment based on meeting milestones?

• When is payment required in full?

Warranties and Disclaimers• Is there a warranty of ownership?

• Is there is warranty that against harmful code (i.e. viruses, etc.)?

• Are implied warranties disclaimed?

Maintenance and Support• When does it begin and what is the length of the term?

• What services are provided (i.e. updates, one-site availability, etc.)?

• Will fees be charged?

Miscellaneous Provisions• Structure of agreement

• Governing law/consent to jurisdiction

• Integration clause

• Remedies (i.e. attorney fees, etc.)

Questions…

P. Haans Mulder321 Settlers RoadHolland, MI 49423616.392.1821phmulder@holland-law.comhttp://www.linkedin.com/in/phaansmulderhttp://twitter.com/haansmulderhttp://www.facebook.com/haans.mulder