This course looks at the fundamental elements of a range of common IT agreements, such as software and hardware development, distribution and licensing agreements and systems implementation agreements, to assist the commercial practitioner in drafting and negotiating agreements in this area.
The course examines real clauses and covers:
Tips for drafting IT agreements
Scoping the IT project - who should draw up the specification, how detailed should it be, does a lawyer need to know the technical jargon?
Defining the development or implementation phases, including managing changes to the specification, building useful acceptance testing procedures and structuring milestone payments
Ownership vs licensing of IT, individual or multi-user rights, use by third parties
The effect of EU and UK competition law on IT agreements
Support and maintenance, and Service Level Agreements (SLAs) - setting the standards, assessing compliance and addressing non-compliance
Drafting warranty, indemnity and liability clauses in the light of recent case law
Other key clauses in IT agreements - escrow arrangements, ensuring business continuity, termination and its consequences