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Information Technologies and Telecom
Distribution, Licensing, Vendor Agreements & Strategic Alliances
Contracts involving ICT products or services typically implicate intellectual property, trade secret, liability and indemnification risks, commercial usage and other industry-specific issues that may not be familiar to general transactional lawyers. Attorneys in the practice group have been involved with the IT and telecom industries for decades and have enormous experience drafting, negotiating and litigating licensing arrangements and technology agreements. These include the development, manufacture, distribution and licensing of IT products (whether hardware, software or digital content) and the provision of IT services, including open source software, enterprise software maintenance, professional development or consulting services and outsourcing. Importantly, we represent both customers and vendors, so we understand the unique perspectives of each side.
Attorneys in the practice group often address the protection and use of IP rights and have experience with complex IP contractual issues. Among other types of IT agreements, we regularly handle:
- software (object code) license agreements (including perpetual software licensing and service fee arrangements)
- source code escrow and license agreements
- product development agreements
- R&D collaboration agreements
- software system and website development agreements (including RFPs/RFQs project plans)
- professional consulting agreements (including statements of work)
- outsourcing maintenance and support agreements (including service-level agreements and credits)
- software distribution and reseller agreements
- OEM and VAR arrangements
- hardware and equipment lease agreements
- NDAs and confidentiality agreements
- employee assignment agreements
- technology sale agreements (including license-back arrangements)
- co-promotion and co-marketing (or joint marketing) agreements
- strategic alliance and joint venture agreements
In M&A transactions, companies often find that spinning off an affiliate or selling assets may require transfer of software license rights or the performance of transition services for the buyer. Attorneys in the practice group have experience advising clients regarding how to transfer software, IT and telecom licensing assets as part of a going concern business transaction. We have managed this process on a large scale for a Fortune 20 enterprise and know what the license requirements will be for more than 200 software vendors in the industry. Attorneys in the practice group also handle due diligence for these sorts of license assets, determining what rights exist and advising clients as to the effect on valuation.
For More Information
For more information, please contact Sandra A. Jeskie or any of the group members referenced in the Attorney Listing.
