Description

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With intellectual property rights assuming greater importance in today's world and licensing issues and developments constantly evolving, this updated edition is an essential resource for lawyers who need to understand software licensing. The guide examines the fundamental issues that both licensors and licensees confront in the negotiation of a software license and, where appropriate, looks at relevant ancillary issues such as software development, cloud computing, professional services, and maintenance and support. Also discussed are software development kits (SDKs), application program interfaces (APIs), service level agreements (SLAs), and escrow agreements. The book focuses primarily on non-mass-market production licenses, as most "retail" or mass-market "off-the-shelf" software is governed by nonnegotiable "shrink-wrap," "browse-wrap," and "click-wrap" licenses.

Written in practical, user-friendly language, this book is cross-referenced to a model agreement, written from the perspective of both the licensor and the licensee. Customizable and easy-to-use model forms with alternative clauses to fit many perspectives and agreements are included in an online website.

New in the 7th Edition:

• Practice Pointers: practical bullet point summaries and checklists of important issues in each chapter
• 4 new chapters
• 41 new forms (189 total) as well as new checklists and policies
• Updated and expanded cloud computing chapter

About the Author

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H. Ward Classen is a member of the legal department of Discovery Education, Inc. He has over 35 years' experience negotiating complex information technology agreements and has practiced with many of the world's leading technology companies, including Computer Sciences Corporation (now DXC Technology Corporation), Accenture plc, and InterDigital, Inc. Mr. Classen also serves as an expert witness in complex software licensing and technology disputes in the federal and state courts as well as in arbitration. A graduate of Trinity College in Connecticut, Mr. Classen received his Juris Doctor from The Catholic University of America in Washington, D.C., and a Master of Business Administration from the Wharton School of the University of Pennsylvania. While in law school, Mr. Classen was a member of the Catholic University Law Review and editorin-chief and founder of The Journal of Contemporary Health Law and Policy. Mr. Classen serves on a number of business, professional, and civic boards, including The Walters Art Museum, the Maryland State Fair & Agricultural Society, Inc., the Calvert School, and the board of advisors of The Computer & Internet Lawyer. Mr. Classen has been widely published in legal journals and spoken extensively before professional groups, both domestically and internationally. His recent articles address technology licensing and cloud computing. Mr. Classen welcomes any thoughts on this book or suggestions on how it may be improved. He can be contacted at ward.classen@gmail. com.