Written by two seasoned practitioners nationally known for their work across the breadth of information technology issues, Application Service Provider and Software as a Service Agreements Line by Line arguably provides the most up-to-date coverage of the current trends in this rapidly expanding area. Offering in-depth explanations of concepts, practical advice on negotiations, and suggestions for best practices, this book covers topics such as required scope of the license grant, definition of end-users, audit rights, escrow/release rights, service level requirements, and business continuity issues, as well as payment and dispute resolution issues for business critical applications contracted to third party vendors. This book also provides readers with crucial information surrounding issues that commonly effect integration of third party provider services within the workflow of the organization, such as implementation requirements, training/knowledge transfer, confidentiality/security of corporate information, compliance with corporate polices, and metrics for user satisfaction. Furthermore, by applying business-centric concepts to the negotiation process, the authors provide a systematic approach to effective risk allocation for both providers and users of ASP and SaaS, as well as alternative positions to resolve negotiation "log jams." Application Service Provider and Software as a Service Agreements Line by Line is a comprehensive and integrated book on this evolving and critical area of business process outsourcing and is truly an indispensable resource for both practitioners and would-be practitioners alike.
Kelly L. Frey, Sr. is a shareholder with Baker Donelson Bearman Caldwell & Berkowitz PC where he concentrates his practice in corporate procurement and technology law. He has over twenty-five years of experience representing both large companies and their vendors in complex corporate transactions. He is listed in The Best Lawyers in America in Technology Law and Information Technology and recently published Frey on Technology Transactions, an authoritative practice manual for technology companies and technology attorneys.
Thomas J. Hall is of counsel in the Baker Donelson's Nashville office and is a member of the Firm's Business Law Department. He concentrates his practice in the area of corporate and information technology law. He has twenty years of experience in negotiating and drafting confidentiality and nondisclosure agreements, term sheets, letters of intent/memoranda of understanding, software development and licensing agreements, IT outsourcing agreements, ASP agreements, consulting agreements, patent licenses, joint development agreements, and supply and distribution agreements. Mr. Hall has drafted and implemented template agreements for software, hardware, telecomm, consulting, confidentiality, and e-commerce for various clients.
