- videocam On-Demand Webinar
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- schedule 90 minutes
On-Premise Software Licensing vs. Cloud Computing Contracts: Advantages and Disadvantages
Perpetual Licenses vs. Term Subscriptions, Rights in Deliverables, Data Management vs. Access, IP Indemnity, Escrow, Amendments
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About the Course
Introduction
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.
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.
Presented By
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.
Michael R. Overly is a partner and intellectual property lawyer with Foley & Lardner LLP where he focuses 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. Michael is a member of the Technology Transactions, Cybersecurity, and Privacy and Privacy, Security Information Management Practices. Michael is one of the few practicing lawyers who has satisfied the rigorous requirements necessary to obtain the Certified Information System Auditor (CISA), Certified Information Privacy Professional (CIPP), Certified Information Systems Security Professional (CISSP), Information Systems Security Management Professional (ISSMP), Certified Risk and Information System Controls (CRISC), and Certified Outsourcing Professional (COP) certifications. Mr. Overly’s numerous articles and books have been published in the United States, Europe, Korea, and Japan. He has been interviewed by a wide variety of print and broadcast media (e.g., the New York Times, Los Angeles Times, Business 2.0, Newsweek, ABCNEWS.com, CNN, and MSNBC) as a nationally recognized expert on technology and security related matters. In addition to conducting seminars in the United States, Norway, Japan, and Malaysia, Mr. Overly has testified before the U.S. Congress regarding online issues.
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This 90-minute webinar is eligible in most states for 1.5 CLE credits.
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Live Online
On Demand
Date + Time
- event
Tuesday, October 19, 2021
- schedule
1:00 p.m. ET./10:00 a.m. PT
- On-premise SLAs
- Key provisions in SLAs
- Cloud computing models and how they impact contracts
- Key provisions in cloud computing services agreements: particularly the provisions listed above
- Best practices to mitigate risk and speed negotiations
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?
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