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Articles Posted in Legal and Contracting Issues

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Avoiding the Pitfalls of the “Unlimited” License – Four questions you should ask: The Second Question

Deploying a software package across the company (or most of the company) is becoming a reality for most companies. Standard processes and systems drive cost, quality and performance improvements. Unlimited deployment rights may also reduce transaction costs and project completion timeframes. The right enterprise and unlimited license agreement can make…

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Avoiding the Pitfalls of the “Unlimited” License – Four questions you should ask

You’re a CIO and a major software publisher proposes an “enterprise” or an “unlimited” license arrangement. Having made its way up the chain to your desk, you are told the deal looks promising. There can be pitfalls in any software deal. In “enterprise” or “unlimited” license arrangements the pitfalls can…

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Of Service Levels, Welfare, and Heartbreak: Indiana vs. IBM

“The details are not the details. They make the design.” – Charles Eames Indiana vs. IBM In 2006 Indiana awarded IBM a contract for more than $1 billion to modernize Indiana’s welfare case management system and manage and process the State of Indiana’s applications for food stamps, Medicaid and other…

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Personal Data Transfers from the European Economic Area: Time to Consider Binding Corporate Rules 2.0

Steve Farmer recently published an article in World Data Protection Report titled “Personal Data Transfers from the European Economic Area: Time to Consider Binding Corporate Rules 2.0.” What exactly is the ‘”best” solution for an international business needing to handle and transfer personal data across borders? This has become an…

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What’s Missing from My Software as a Service (SAAS) Agreement? (Part 2)

As customers continue to embrace Software as a Service (SAAS) solutions that are hosted in the cloud, rather than traditional software solutions that are loaded onto and hosted on the customer’s own environment, they should closely review the contract that will govern their relationship with their SAAS provider. Frequently, we…

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What’s Missing from My Software as a Service (SAAS) Agreement? (Part 1)

As customers continue to embrace Software as a Service (SAAS) solutions that are hosted in the cloud, rather than traditional software solutions that are loaded onto and hosted on the customer’s own environment, they should closely review the contract that will govern their relationship with their SAAS provider. Frequently, we…

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DOWNSELECT WITH CARE: MANAGING A CRITICAL JUNCTURE IN THE SOURCING PROCESS

The timelines of most strategic IT or sourcing projects are punctuated with key moments that can make or break the deal. These include defining the customer’s strategic objectives, determining which suppliers will be asked to compete (assuming it’s not a sole source deal) and, of course, executing the contract. Another…

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