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Providing practical insights and Q&A opportunities based on common legal challenges. The latest news and insights from Harper James including our ‘Meet the client’ interview series, case studies, legal updates, events and webinars, podcasts, videos and spotlights on our solicitors. Our solicitors are well-positioned to provide commentary on all manner of commercial legal issue and regularly contribute to both national, sector and industry press.
- While the supplier will often be focused on minimizing risks and/or retaining a good relationship with a third-party vendor it works with on many projects, the customer will be interested in minimizing complexity and being able to easily address a responsible party in case of a breach.
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- Another key point of attention is whether the main IT agreement needs to contain provisions that the supplier and customer can rely on in case the customer or supplier no longer has the right to use the third-party product and/or service.
- Care should be taken if software may be accessed directly or indirectly by third parties, such as an outsourcing service provider or by the customer’s own customers, and an analysis undertaken as to whether these entities need to be expressly licensed to use the software.
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Intellectual Property Rights
These terms are not merely financial details; they reflect the trust and reliability between a business and its vendors. Payment terms establish the financial arrangements of the vendor agreement, covering schedules, methods, and any penalties for late payments. We all know that maintaining effective and secure vendor agreements is essential for long-term success.
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Our Extend plan is a smarter way for high-growth and established businesses to get legal advice. We’ve reimagined the way law firms work with businesses to put you in control. Employment law is constantly changing – don’t let your business fall behind. Whether it’s scaling your business, managing teams, or navigating new legal terrain, our support can help you unlock your organisation’s full potential. Those legal rules will be determined primarily by the law of a particular jurisdiction (i.e. a country or province/state), which is commonly called the “governing law”. Software license agreements usually contain provisions that specify the law that governs the agreement and a procedure for resolving disputes relating to the agreement.
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The move to cloud computing and the SaaS model of supplying software has meant that software suppliers are usually storing large quantities of customer data on their own servers. This blog covers a few legal issues involved in software licensing and maintenance contracts. This means that once the piece of software has been handed over for use by the customer, if its functionality is faulty, the supplier or a third party will step in to fix the problem. When entering into software licensing and maintenance contracts it is important to be clear about which kind of software is being supplied, as the legal obligations will differ. The biggest change seen in software licensing has been the transition from suppliers installing software at their customers’ premises and so on the customer’s server, to offering software-as-a-service (SaaS) via cloud computing.
The concept of a contract being leased or licensed is not generally recognised under English law. Service credits are generally enforceable, provided they are a genuine pre-estimate of the customer’s loss or can be shown to protect a legitimate commercial interest of the customer and are not a contractual penalty. The simplest outsourcing structure is a direct outsourcing between the customer and the supplier. It is commonly thought that employment laws outside the EU are more relaxed than those within, but this is not always the case and it should not be assumed that the supplier’s employees can simply be dismissed. TUPE applies to offshoring insofar as immediately before the transfer, there is an organised grouping of employees in the UK carrying out the relevant services. The transferor will therefore have to collate and disclose information to the transferee such as the number of employees involved in the outsourcing, their job descriptions and the key terms of their employment contracts.
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