‘Battle of the Forms’: Can it be won? 09/18/2014Posted by Morse Barnes-Brown Pendleton in Licensing & Strategic Alliances, New Resources.
Tags: agreements, legal forms, SaaS, sale of goods, software, software license
Often, in transactions between customers and vendors, each party has its own “boilerplate” terms and conditions that it wants to use, which of course are often quite different than the other party’s terms – a scenario referred to as “the battle of the forms”. So how does one know which terms govern the transaction? This presentation helps to sort it out.
Originally presented on 9/17/14, MBBP IP & Licensing attorney Mike Cavaretta touches upon the following:
- Sale of services vs. sale of goods
- Is software a service or good?
- Is a software license a sale of software?
- Electronic agreements