Events

ISM Seminar in Las Vegas

June 07, 2018
8:00 AM to 4:30 PM
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Embassy Suites Hotel Las Vegas
4315 Swenson Street
Las Vegas, NV 89119
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ISM Seminars give you the expertise you need.

Legal Considerations of Software Licensing, Data and Other Technology-Related Agreements

Want to be the “go-to” person in your organization for technology purchasing and contracting? Supply management professionals know technology-related agreements require special skills, especially when it come to drafting licensing agreements that ensure support, maintenance, warranty and software updates. This seminar will help you understand the legalities that affect technology and e-commerce procurement. It will delve into issues such as intellectual property protection, key contract components for complex buys, and statements of work for electronic projects and contracts.

You will learn:

  • How to understand, analyze and construct agreements for complex buys

  • Key techniques to negotiate and draft effective technology procurement statements of work and agreements

  • How to use important application contract terms

  • Methods to protect intellectual property

  • The latest technology and e-commerce legal developments pertaining to supply management

  • Ten questions to ask when buying software

  • Five key differences between buying hardware and software

  • Four important steps in managing the purchase of software

Ten ways to ensure the software purchase is appropriate for your company.

Cost: List $1,499.00, Member $1,199.00

 

 This meeting will run from 8:30 AM until 4:30 PM daily.

 Who Should Attend?

 Supply management and IT professionals involved in the purchase or contracting of computer software, hardware or unique technologies. Participants should have a fundamental knowledge of business contracts, purchasing law and the Uniform Commercial Code (UCC).

 Suggested prerequisites: Contracting: What All the Ts and Cs Mean (formerly Contracting Basics: What All the Ts and Cs Mean) and/or Legal Foundations of Supply Management: The Basics You Need to Succeed (formerly Legal Aspects of Supply Management).

 You will learn: 

  • How to understand, analyze and construct agreements for complex buys
  • Key techniques to negotiate and draft effective technology procurement statements of work and agreements
  • How to use important application contract terms
  • Methods to protect intellectual property
  • The latest technology and e-commerce legal developments pertaining to supply management
  • Ten questions to ask when buying software
  • Five key differences between buying hardware and software
  • Four important steps in managing the purchase of software
  • Ten ways to ensure the software purchase is appropriate for your company.

 This seminar is taught by Mark Grieco, J.D. Mr. Grieco is a world-wide lecturer in the field of contract law, legal negotiations, software agreements and purchasing. He has taught business professionals for such diverse companies as Disney, FP&L, Holcim, Sony, Kodak, Oracle, Coca Cola, and GE.

 You will earn 14 continuing education hours. Please bring copies of your contracts for reference during the program.

 Course Outline 

  1. What makes technology contracts different; Review of basic contract law; Distinguishing between goods, services and information; Determining which body of law covers the contract; Drafting contracts governed by more than one body of law; How body of law differs from choice of law, choice of forum and mode of dispute resolution; Bidding processes, specifications and warranties; Defining independent contractor versus employee, and the legal implications
  2. Primer on intellectual property; Defining intellectual property; Copyrights; Patents; Trademarks, service marks; Trade secrets
  3. Legal elements of license agreements; The importance of and need for software licensing agreements; Defining the intellectual property to be transferred; How license agreements for shrink-wrap (off-the-shelf) software differ from license agreements for customized software; Commonly used terms and conditions; Protecting confidentiality of buyer and seller; Scope-of-use restrictions; Term of license; Using and drafting escrow agreements and software source code escrow agreements
  4. Defining scope of work and technical requirements; Defining user requirements; Developing clear specifications and performance standards; Defining software design and functional requirements; Defining hardware requirements; Overall expectations of system performance; Project management needs and resources in buyer and seller organizations; Acceptance testing: Defining final acceptance, drafting acceptance testing criteria; Practical exercises in contract writing and review
  5. Training, support and maintenance agreements; Identifying training needs, costs of training, where training occurs; Identifying internal and external technical support needs; Defining scope of maintenance agreement, scope of support services required; Software release updates, fixing of bugs, enhancements to existing software; Warranty versus maintenance
  6. Other common clauses in technology contracts; Confidentiality and non-disclosure; Royalties and payment options; Transfer of proprietary rights; Warranties and specifications; Remedies and limitations; Assignment: Determining negotiable factors of these clauses and other agreement issues
  7. Legal considerations surrounding electronic commerce; Legal implications of purchasing via the Internet; Creating enforceable, legal contracts online; The role and use of digital signatures
  8. Software as a Service and cloud computing. How to control the documents instead of your software supplier.

 

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