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HTMLA Practical Guide to Software License Agreements: Confidentiality Obligations
Borden Ladner Gervais LLP;
Legal Alert/Article
October 16, 2013, previously published on October 15, 2013
Software license agreements often contain provisions that impose restrictions and requirements regarding the use and disclosure of each party’s confidential information. Customers should consider whether the confidentiality obligations are reasonable and practicable for the particular...

 

HTMLNew York: Advisory Opinion Clarifies Application of Sales and Use Tax to Software Tool
David M. Kall, Susan Millradt McGlone, Jeremy J. Schirra; McDonald Hopkins LLC;
Legal Alert/Article
October 7, 2013, previously published on October 3, 2013
A software developer (Petitioner) requested an advisory opinion (TSB-13(30)S) from the New York Department of Taxation and Finance (Department) about whether his online software assessment tool or the reports generated by the use of his software tool are subject to New York sales and use taxes.

 

HTMLA Different Kind of Adobe Update: Adobe Announces Data Breach Compromising Information of 2.9 Million Customers
Cynthia J. Larose, Jake Romero; Mintz, Levin, Cohn, Ferris, Glovsky and Popeo, P.C.;
Legal Alert/Article
October 7, 2013, previously published on October 4, 2013
Adobe Systems Inc.,(ADBE -1.24%) announced earlier today that has been the victim of a cyber attack that has compromised information of 2.9 million of its customers. In a blog post Thursday morning, Adobe’s Chief Security Officer Brad Arkin referred to such attacks as “one of the...

 

HTMLA Practical Guide to Software License Agreements: Contract Interpretation Principles
Borden Ladner Gervais LLP;
Legal Alert/Article
October 2, 2013, previously published on October 1, 2013
A customer that negotiates a software license agreement should understand the basic legal principles that will govern the interpretation of the agreement in the event of a dispute. In most circumstances, the customer’s rights and obligations will be defined and limited by the express words of...

 

HTMLThink Before You Share, Part I: Can They Use My Data, and If So, For What?
Peter I. Sanborn; Foley & Lardner LLP;
Legal Alert/Article
September 30, 2013, previously published on September 26, 2013
Increasingly, software vendors and professional services providers (for example, consultants and software implementation vendors) request or require access to their customers’ data as part of delivering their products and services. This kind of data sharing can produce powerful, low-cost...

 

HTMLA Practical Guide to Software License Agreements: IP Infringement Indemnity and Remedies
Borden Ladner Gervais LLP;
Legal Alert/Article
September 13, 2013, previously published on September 11, 2013
Software license agreements often include a provision — known as an “IP infringement indemnity” — that requires the software vendor to provide the customer with limited protection and special remedies if a third party claims that the customer’s use of licensed software...

 

HTMLPirating and Using Software without A Licence: The BSA | The Software Alliance Case
Bruno Verdon; Lavery, de Billy, L.L.P.;
Legal Alert/Article
September 12, 2013, previously published on September 2013
The claims of the BSA | the Software Alliance (the “BSA”) against Quebec and Canadian businesses seem to be increasingly frequent.

 

HTMLMassachusetts: New Tax on Computer and Software Services Sparks Battle, Confusion
David M. Kall, Susan Millradt McGlone, Jeremy J. Schirra; McDonald Hopkins LLC;
Legal Alert/Article
September 10, 2013, previously published on September 5, 2013
Industry leaders are seeking to override H.B. 3535, the Transportation Finance Bill, which made various computer and software services subject to sales tax. Additionally, guidance provided by the Massachusetts Department of Revenue (the “Department”) and the volume of industry...

 

HTMLA Practical Guide to Software License Agreements: General Indemnities
Borden Ladner Gervais LLP;
Legal Alert/Article
September 2, 2013, previously published on September 3, 2013
Software license agreements often include a provision — known as a general indemnity — that requires a party (usually the customer, but sometimes also the software vendor) to protect the other party against certain kinds of third party claims and liabilities. Customers should understand...

 

HTMLNo CPSC Enforcement Can be Admissible Evidence in a Products Liability Case
Daniel J. Herling; Mintz, Levin, Cohn, Ferris, Glovsky and Popeo, P.C.;
Legal Alert/Article
August 30, 2013, previously published on August 24, 2013
The role of the Consumer Product Safety Commission (CPSC) in product liability cases is often a two-sided coin. Evidence of a recall is sometimes allowed to establish notice of a defect though the standard to invoke a recall of a product is not the same as proving a design, manufacturing or failure...

 


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