Application Service Provider and Software as a Service Agreements Line by Line: A Detailed Look at ASP and Saas Agreements and How to Change Them to Meet Your Needs [Paperback]

Kelly L. Frey Sr. (Author), Thomas J. Hall (Author)

Book Description

Publication Date: November 30, 2007 | ISBN-10: 1596228539 | ISBN-13: 978-1596228535

Written by two seasoned practitioners nationally known for their work across the breadth of information technology issues, Application Service Provider and Software as a Service Agreements Line by Line arguably provides the most up-to-date coverage of the current trends in this rapidly expanding area. Offering in-depth explanations of concepts, practical advice on negotiations, and suggestions for best practices, this book covers topics such as required scope of the license grant, definition of end-users, audit rights, escrow/release rights, service level requirements, and business continuity issues, as well as payment and dispute resolution issues for business critical applications contracted to third party vendors. This book also provides readers with crucial information surrounding issues that commonly effect integration of third party provider services within the workflow of the organization, such as implementation requirements, training/knowledge transfer, confidentiality/security of corporate information, compliance with corporate polices, and metrics for user satisfaction. Furthermore, by applying business-centric concepts to the negotiation process, the authors provide a systematic approach to effective risk allocation for both providers and users of ASP and SaaS, as well as alternative positions to resolve negotiation "log jams." Application Service Provider and Software as a Service Agreements Line by Line is a comprehensive and integrated book on this evolving and critical area of business process outsourcing and is truly an indispensable resource for both practitioners and would-be practitioners alike.

Editorial Reviews

About the Author

Kelly L. Frey, Sr. is a shareholder with Baker Donelson Bearman Caldwell & Berkowitz PC where he concentrates his practice in corporate procurement and technology law. He has over twenty-five years of experience representing both large companies and their vendors in complex corporate transactions. He is listed in The Best Lawyers in America in Technology Law and Information Technology and recently published Frey on Technology Transactions, an authoritative practice manual for technology companies and technology attorneys.

Thomas J. Hall is of counsel in the Baker Donelson's Nashville office and is a member of the Firm's Business Law Department. He concentrates his practice in the area of corporate and information technology law. He has twenty years of experience in negotiating and drafting confidentiality and nondisclosure agreements, term sheets, letters of intent/memoranda of understanding, software development and licensing agreements, IT outsourcing agreements, ASP agreements, consulting agreements, patent licenses, joint development agreements, and supply and distribution agreements. Mr. Hall has drafted and implemented template agreements for software, hardware, telecomm, consulting, confidentiality, and e-commerce for various clients.

Product Details

• Paperback: 108 pages
• Publisher: Aspatore Books (November 30, 2007)
• Language: English
• ISBN-10: 1596228539
• ISBN-13: 978-1596228535
• Product Dimensions: 8.2 x 5.3 x 0.2 inches
• Shipping Weight: 4 ounces (View shipping rates and policies)
• Average Customer Review: 2.0 out of 5 stars  See all reviews (1 customer review)
• Amazon Best Sellers Rank: #1,939,823 in Books (See Top 100 in Books)

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3 of 4 people found the following review helpful:

2.0 out of 5 stars Bill, February 24, 2010

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W. Oliver "BookKnight" (Los Angeles, CA USA) - See all my reviews
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This review is from: Application Service Provider and Software as a Service Agreements Line by Line: A Detailed Look at ASP and Saas Agreements and How to Change Them to Meet Your Needs (Paperback)

I was very much looking forward to this book as I'd purchased the book Software Agreements Line by Line: A Detailed Look at Software Contracts and Licenses & How to Change Them to Fit Your Needs just before purchasing this one thinking that the ASP and SaaS book would be in the same style and would cover content in the same way, especially since both books are from the same publisher.

To be fair, because I purchased both at about the same time much of my comparison is based on what I found good or not so good in both books. I use these types of books as reference. Although I will generally read them cover to cover at least once, once I have, they become part of my collection of reference books.

In my opinion, the Software Agreements Line by Line is easier to read and follow then the ASP and SaaS Line by Line book. For example, there were "Example Revision" boxes throughout the Software Agreements Line by Line book that showed the suggested drafting changes in redline format so the reader would know exactly what the author's meant when changing language from the original to the modified language. Additionally there were checklists that highlighted the important issues at the end of each section.

In the ASP and SaaS book, it was more difficult (although not impossible) to follow what the authors were suggesting as alternatives. For a Line-by-Line book it seemed short on example language, and in some areas the reader was left to guess. One example, when discussing language related to license grant, the authors suggest that "A more customer-friendly license grant would expand the license to an enterprise-wide scope...". To assist the reader, it would have been helpful if the authors had followed-up with an actual drafted example to avoid the reader having to guess what that language might look like.

Another issue, although mostly an annoyance, was the Table of Contents, or rather the lack of one in the ASP and SaaS book. It was 4 lines with the first line being the "Introduction" and the last one "About the Authors".

The Table of Contents in the Software Agreements Line by Line filled up one and a half pages. If you use any book as a reference the lack of a reasonably detailed Table of Contents makes it tedious and much more difficult.

There will be much in common between two books that discuss software agreements since they are going to have to cover much of the same ground in regards to the terms and conditions. The ASP and SaaS book covered the general terms and conditions you'd expect to see in a software agreement. Since ASP and SaaS agreements are a newer type of software (or service) agreement, the ASP and SaaS book could have added a significant value by providing more detail what makes an ASP or SaaS contract different from the ordinary software agreement. It does this to some extent although most of that discussion is in the first 3 pages of the introduction with some brief references to this topic scattered throughout the book.

If you're an attorney or contract analyst/administrator with experience in drafting software agreements this book probably won't bring much new information related to ASP and SaaS issues and concerns that you couldn't get by researching the Internet. If you're looking to add to your library of books, plan on working with many ASP and SaaS agreements, and have a $100+ to burn then it might be worth it to have it on your shelf.

However, if you are someone without any experience in working with software agreements I'd suggest starting with the "Software Agreements Line by Line" book which is significantly less expense, easier to follow, has checklists, and makes a much better reference book.