Can your SaaS agreement models be used in the U.S. or are they optimized for the U.K.? David Tollen is the author of The Tech Contracts Handbook, the American Bar Association`s best-selling guide to computer agreements. He is a lawyer, expert and founder of Sycamore Legal, P.C., an information, IP and data protection firm in San Francisco. His practice focuses on software licenses, cloud computing agreements and other computer transactions. David is also a professor at the U.C. Berkeley Law School. After all, he is the founder of the Tech Contracts Academy and our head coach. Master service agreements (or framework agreements) set conditions for future work. The specific work to be done may not yet be fully defined, but your master service contract sets out conditions such as ownership of intellectual property rights, guarantees, terms of payment and all dispute resolution procedures if necessary. Our standard agreements and conditions and Premium SaaS include SLAs for availability and support. I agree with you that the SaaS agreements, which are really service agreements, should not be delivered. However, there appears to be a trend in U.S. saaS agreements to grant a “license,” even in a service scenario.
There is only a very limited analysis on this point, except licensing can protect the service provider`s ability to launch the IP infringement claim in even unauthorized access or use. Have you discussed this in more detail with other practitioners in the region? You`ll appreciate any other analysis you might have. Thank you very much. A SaaS agreement may contain heavy service elements or only allow end-users to access products that can be conceded in the traditional way. In the SaaS model, no additional software or hardware is required because the data is downloaded into a system and then stored in the cloud. Under a licensing agreement, a company typically provides the software itself to be used, usually for an individual or monthly fee. The software and the corresponding hardware must be physically installed. 1.2. Restrictions on access and use. The customer may not copy or reproduce (directly or indirectly) SaaS products or documentation unless this Agreement allows; (b) exceed the quantities purchased, users or any other claim of SaaS products set out in the current order; (c) remove or destroy copyrights, trademarks or other trademarks or captions that are affixed or contained to CyberArk`s SaaS products, documentation or intellectual property; (d) sell, sell, resell, sub-concede, lease, distribute, distribute or otherwise transfer the rights granted to the customer under this agreement, unless expressly stipulated; (e) modify, re-build or dismantle SaaS products; (f) except to a limited extent where existing laws explicitly prohibit such a restriction, decompil, attempt to deduce the source code or underlying ideas or algorithms of a portion of SaaS products, to attempt to recreate SaaS products or to use SaaS products for competitive purposes; (g) create, translate or prepare other derivative works based on CyberArk`s SaaS products, documentation or intellectual property; (h) compromise or disrupt the integrity or performance of SaaS products; (i) seek unauthorized access to SaaS products or associated systems or networks, or perform unauthorized intrusive testing on SaaS products; (j) use SaaS products to violate intellectual property rights, advertising rights or data protection rights of third parties, or to store or transfer defamatory, defamatory or other data; or (k) in SaaS products, send, store or store personal health data, credit card data, personal financial data or other sensitive regulated data that are not required by documentation, or provide data from customers subject to international arms trade regulations managed by the FOREIGN MINISTER OF