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Software Agreements Line by Line: A Detailed Look at Software Contracts and Licenses & How to Change Them to Fit Your Needs [Paperback]

Michael Overly (Author), James Kalyvas (Author), Aspatore Books Staff (Author), Aspatore.com (Author)
4.2 out of 5 stars  See all reviews (9 customer reviews)

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Book Description

January 1, 2004 1587623692 978-1587623691
In such a business climate that demands a heightened understanding and keen ability to leverage essential technologies, one must understand every element of an agreement as critical and essential as the software user/vendor contract. As there has long been a disconnect between the express interests of the end user and the objectives of the vendor party in the developing, drafting and executing of such contracts, Software Agreements Line by Line serves to bridge this gap. Taking a standard agreement and breaking it down clause by clause, explaining the nuances of the language and the implications inherent there within, authors Michael Overly and James Kalyvas (partners at Foley & Lardner) present a comprehensive overview of a contract, detail how it can be manipulated, offer practical solutions to prevent against this and suggest ways in which it might be adapted to meet the needs of the end user. A never-before offered glimpse into the often daunting world of these highly-technical agreements, Software Agreements Line by Line highlights the often overlooked, unnoticed and even hidden aspects of authorizing, purchasing and leveraging such business-critical assets. The ability to understand and develop user-friendly software licenses and agreements offers unparalleled advantages for any company invested in, or making decisions around, purchasing software. This book will prove instrumental in rendering any reader an informed user, a more strategic thinker and above all, an empowered consumer.

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Product Details

  • Paperback
  • Publisher: Aspatore Books (January 1, 2004)
  • Language: English
  • ISBN-10: 1587623692
  • ISBN-13: 978-1587623691
  • Product Dimensions: 8.5 x 5.6 x 0.4 inches
  • Shipping Weight: 6.9 ounces (View shipping rates and policies)
  • Average Customer Review: 4.2 out of 5 stars  See all reviews (9 customer reviews)
  • Amazon Best Sellers Rank: #459,303 in Books (See Top 100 in Books)

 

Customer Reviews

9 Reviews
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Average Customer Review
4.2 out of 5 stars (9 customer reviews)
 
 
 
 
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14 of 14 people found the following review helpful:
5.0 out of 5 stars The Book to Read on Software Contracts, February 9, 2004
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This review is from: Software Agreements Line by Line: A Detailed Look at Software Contracts and Licenses & How to Change Them to Fit Your Needs (Paperback)
Having worked on hundreds of software contracts - from both a vendor and customer standpoint, I can honestly say this book would have made my life 100x easier throughout the years. I can not stress enough how valuable the content is in this book for anyone signing, or composing, a software contract. I guarantee this book will become "the industry standard" on the subject.
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9 of 9 people found the following review helpful:
3.0 out of 5 stars Great Content, October 26, 2004
By 
Ogi (Newark, CA United States) - See all my reviews
This review is from: Software Agreements Line by Line: A Detailed Look at Software Contracts and Licenses & How to Change Them to Fit Your Needs (Paperback)
Pros: Must read for software managers

It is definitely one of the best descriptions for software agreement that I could find. I would rate the content at 5 stars.

Cons: The quality of the paper and the print is extremely low.

The book is about 120 pages printed on "yellow" paper with relatively small font. You have the feeling that the printer that printed the book was running out of ink. When you open the book it is difficult to read in the middle. It looks more like a novel than a computer book...
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9 of 9 people found the following review helpful:
5.0 out of 5 stars Thorough and on target, July 3, 2004
This review is from: Software Agreements Line by Line: A Detailed Look at Software Contracts and Licenses & How to Change Them to Fit Your Needs (Paperback)
If you develop or evaluate RFPs, acquire software, or even are involved in contracting for services this book is an essential resource. I'll be frank about the readability - it's tough to plow through this book. The authors are terse and the writing style dense. However, when you consider a typical license agreement, contract terms and conditions and the stilted language associated with them, if you cannot deal with the writing style in this book you'll probably find contract and license evaluation ponderous as well.

I like the way this book presents information and advice by starting with a typical vendor agreement, then leading you through it, line-by-line as the title implies, and explaining the implications. It also shows how to modify each term or condition.

Another area I like is the chapter on software specifications and acceptance testing. I've worked with one client after another which licensed expensive software (in some cases to the tune of over a million dollars), or application services, without performing acceptance testing. The advice on this critical part of licensing is solid and should be carefully heeded. The chapter on maintenance and support covers another area that is too often overlooked in the acquisition process, and one that will almost certainly be important after the contract is signed. Again, carefully consider the advice in this chapter because it addresses a critical area. One final aspect of this book I like is Appendix A, which cross-references this book's chapters to vendor licensing provisions. This makes this book easy to use when evaluating licenses and contracts.

Take the time to read this book, then apply it to real world contracting and licensing and you will find yourself referring to it often.

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Inside This Book (learn more)
First Sentence:
1.1 "Server" shall mean the CPU, whether in a PC, server, or other device, configured to run the Licensed Software and process transactions. Read the first page
Key Phrases - Statistically Improbable Phrases (SIPs): (learn more)
vendor form agreement, software licensing transactions, overall liability cap, form vendor agreement, information technology management process, form license agreement, licensed software, agreements line, professional service fees, example revision, object code version, indemnity obligations, support fees, vendor agreements, successor entity, intellectual property infringement, confidentiality provision, interoperability requirements, license grant
Key Phrases - Capitalized Phrases (CAPs): (learn more)
Source Material, Customer Designee, Initial Support Term, Renewal Support Term, Reference Date, Directed Procurement, Disclaimer of Warranties, United States, Additional Terms, Payment Schedule
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