On May 14, 2024, our founder David Tollen spoke about AI issues in contracting at the Forge Technology Sourcing conference in Boston. Both sessions were well-attended, and we thank Procurement Foundry for the opportunity and the hospitality. In “Drafting & Negotiating AI Contracts,” David explained that contracts for AI are software agreements, and so call for terms many software contract managers and lawyers know well. And he explained that certain AI systems raise unique issues, particularly generative AI and other forms of machine learning (ML), which require new terms. Inter ..read more

Tech Contracts Academy is happy to announce new flexible options for enterprises – to train your whole team on contracts for artificial intelligence, SaaS, on-premise software, and IT in general. Please check out our customized programs and other enterprise courses by clicking here. If you have any questions about training options, do not hesitate to reach out to us at info@techcontracts.com. We look forward to training you and your team soon. The post New Training Offerings from Tech Contracts Academy appeared first on Tech Contracts ..read more

We’re happy to announce our next live Tech Contracts Master Class series: Master Class #1 – September 17, 10 AM-12 PM PT: Prime Clauses: License, Subscription, IP Transfer, and Payment Master Class #2 – September 24, 10 AM-12 PM PT: Data Management, SLAs, Confidentiality, and Other General Clauses Master Class #3 – October 8, 10 AM-12 PM PT: Indemnity, Limit of Liability, Warranty, and other Key Liability Terms Master Class #4 – October 15, 10 AM-12 PM PT: End-Game and Special Clauses: Termination, Open Source Software, and More Every tech lawyer should take this ..read more

Join Tech Contracts Academy’s two remaining live webinars this spring: April 16 – The Indeminar: Indemnities in Contracts about Software, the Cloud, and AI May 21 – IP Terms in Contracts about AI, the Cloud, and On-Premise Software: Licenses, Warranties, Open Source, and More Our trainings help attorneys and businesspeople build – and keep current – their tech contracting skills. All taught by David Tollen – author of the American Bar Association best-seller, The Tech Contracts Handbook. Each webinar includes live Q&A, a copy of the slides, certificates (including 1 hour C ..read more

If Customer divests one of its business units that receives Software or Services pursuant to this Agreement, such divested business unit (“Divested Entity”) will continue to receive Software and Services pursuant to this Agreement, through Customer, for a period of ________ (the “Continuation Period”) as set forth below in this Section __, unless Divested Entity declines in writing. Divestiture pursuant to the preceding sentence includes without limitation any transaction that transfers ownership of the business unit to a third party or establishes the business unit as an independent entity. D ..read more

If Provider divests its Responsible Division (as defined below), Provider may assign this Agreement to the divested Responsible Division (the “Divested Entity”) at any time until 30 days after closure of the divestiture transaction. Divestiture pursuant to the preceding sentence includes, without limitation, any transaction that transfers ownership of the Responsible Division to a third party or establishes the Responsible Division as an independent entity. Assignment pursuant to this Section __ releases and discharges Provider of all rights, obligations, and liabilities pursuant to this Agree ..read more

Neither party may assign this Agreement or any of its rights or obligations hereunder, either voluntarily or by operation of law, without the other’s express written consent, except that either party may assign this Agreement to the surviving entity in a merger of that party into another entity or in an acquisition of all or substantially all its assets. No assignment of this Agreement becomes effective unless and until the assignee agrees in writing to be bound by all the assigning party’s obligations in this Agreement. Any assignment in violation of this Section __ is void. The post Assignme ..read more

Neither party may assign this Agreement or any of its rights or obligations hereunder, either voluntarily or by operation of law, without the other’s express written consent. Any Change of Control (as defined below) will be considered an assignment pursuant to the preceding sentence (and therefore require the other party’s prior written consent). (“Change of Control” refers to any change in the persons or entities controlling a party, including without limitation such changes resulting from a merger, consolidation, or stock transfer.) • • • If a party undergoes a Change of Control, the other p ..read more

Neither party may assign this Agreement or any of its rights or obligations hereunder, either voluntarily or by operation of law, without the other’s express written consent. No assignment of this Agreement becomes effective unless and until the assignee agrees in writing to be bound by all the assigning party’s obligations in this Agreement. Any purported assignment in violation of this Section __ is void.  • • • Neither party may assign this Agreement or any of its rights or obligations hereunder without the other’s express written consent, except that (a) either party may assign this Agreem ..read more

EACH PARTY HEREBY WAIVES ITS RIGHT TO A TRIAL BY JURY FOR DISPUTES ARISING OUT OF OR RELATED TO THIS AGREEMENT, INCLUDING WITHOUT LIMITATION COUNTERCLAIMS REGARDING SUCH DISPUTES, CLAIMS RELATED TO THE PARTIES’ NEGOTIATIONS AND INDUCEMENTS TO ENTER INTO THIS AGREEMENT, AND OTHER CHALLENGES TO THE VALIDITY OR ENFORCEABILITY OF THIS AGREEMENT. THE WAIVER IN THE PRECEDING SENTENCE APPLIES REGARDLESS OF THE TYPE OF DISPUTE, WHETHER PROCEEDING UNDER CLAIMS OF CONTRACT OR TORT (INCLUDING NEGLIGENCE) OR ANY OTHER THEORY.  • • • NEITHER PARTY SHALL BRING OR PARTICIPATE IN ANY CLASS ACTION OR OTHER REP ..read more