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Course Details

Course Information
  • smart_display Format

    On-Demand

  • signal_cellular_alt Difficulty Level

  • work Practice Area

    Commercial Law

Date & Time
  • event Date

    Tuesday, October 19, 2021

  • schedule Time

    1:00 p.m. ET./10:00 a.m. PT

  • timer Program Length

    90 minutes

Credit Information

  • This 90-minute webinar is eligible in most states for 1.5 CLE credits.

$297.00
CLE
ALL

This CLE course will advise business and technology counsel on the advantages and disadvantages of using on-premise software licensing agreements (SLAs) versus cloud computing contracts. The program will focus on the key terms in these various contracts and discuss how they differ from traditional software license terms, including when a client may wish to use a perpetual license versus term subscriptions, the rights in deliverables, and how to incorporate intellectual property indemnification. The panel will address some of the most common mistakes attorneys make in drafting these agreements.

Faculty

Michael R. Overly
Partner
Foley & Lardner LLP

Mr. Overly focuses his practice on drafting and negotiating technology related agreements, software licenses, hardware acquisition, development, disaster recovery, outsourcing agreements, information security agreements, e-commerce agreements, and technology use policies. He counsels clients in the areas of technology acquisition, information security, electronic commerce, and on-line law. He is the co-author of A Guide to IT Contracting: Checklists, Tools and Techniques (CRC Press, 2012).

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Benjamin B. Kabak
Attorney
Loeb & Loeb LLP

Mr. Kabak focuses his practice on technology and outsourcing matters. He advises companies in a variety of industries, including financial services, healthcare and personal care, on business process and IT outsourcing. Mr. Kabak drafts and negotiates corporate technology agreements including those for software and data licenses, subscription services, consulting and professional services engagements, hardware purchases, managed hosted and cloud computing services, and joint ventures.

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Description

The technology services environment is evolving hourly. Determining whether to utilize an on-premises SLA versus a cloud computing contract can present unique challenges for counsel to customers, service providers, and vendors.

While there has been a migration to the cloud, companies will still opt for an on-premises solution. The approaches have different advantages and disadvantages. Counsel and clients together must carefully consider and determine which solution will be a perfect fit. Considerations of software deployment, control, compliance, security, and costs are all factors when determining which choice to make.

While the fundamental difference between a cloud and on-premises software is installed locally on the company's servers or hosted on the vendor's server, on-premises provide more flexibility and control. On the other hand, hosted cloud software removes the pressure of maintaining and updating systems, allowing companies to focus time, effort, and money into fulfilling business strategies.

Listen as our expert panel provides the advantages and disadvantages of both on-premises SLAs and cloud computing contracts. The panel will discuss all the factors to consider when deciding between the two.

Outline

  1. On-premise SLAs
  2. Key provisions in SLAs
  3. Cloud computing models and how they impact contracts
  4. Key provisions in cloud computing services agreements: particularly the provisions listed above
  5. Best practices to mitigate risk and speed negotiations

Benefits

The panel will review these and other relevant topics:

  • What are the key advantages and disadvantages of using on-premises SLAs?
  • When should cloud computing be considered?
  • How can counsel negotiate SLAs and cloud computing to mitigate risks?