4.6
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151 ratings
Now updated and expanded, this simple reference manual and training guide covers cloud computing agreements, software licenses, and other IT contracts. Written in a clear, plain-English style, this bestselling handbook is a complete resource for lawyers, contract managers, procurement officers, and other businesspeople--anyone responsible for getting IT deals done. It's by David W. Tollen, one of the industry's leading authorities on technology contracts.
The Handbook provides guidance on the business issues behind the terms, as well as negotiation tips and sample contract language. And it covers all the key topics in technology contracts.
This third edition gives readers new and expanded best practices for data: for terms on privacy, data security, and control of data--some of the key concerns in IT contracts today. The third edition also takes a closer look at several other terms. But it retains the simplicity and brevity that made The Tech Contracts Handbook a bestseller. Topics include:
You won't find a more accessible, useful resource on IT contracts.
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ISBN-10
1641058536
ISBN-13
978-1641058537
Print length
398 pages
Language
English
Publisher
American Bar Association
Publication date
May 24, 2021
Dimensions
6 x 0.85 x 9 inches
Item weight
1.19 pounds
ASIN :
B0CHD9D9V5
File size :
1649 KB
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Enabled
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David Tollen's The Tech Contracts Handbook is a comprehensive yet concise summation and discussion of the principal issues involved in drafting, reviewing, and negotiating technology agreements. The book's insightful analysis of indemnities as well as data management privacy and security is especially helpful given the ever-increasing importance of these issues in today's technology agreements. -- H. Ward Classen, Author of The Practical Guide to Software Licensing and Cloud Computing
From cloud computing environments to hardware and software products, proprietary and open source licenses, and technology professional services agreements, we increasingly live in a digital world governed by information technology (IT) contracts. The Tech Contracts Handbook, written by one of the most experienced technology lawyers and educators, provides a concise, well-organized, and clearly written guide for lawyers and non-lawyers alike who need to understand and negotiate IT contracts. The third edition provides up to date explanations and practical insights about how to navigate the evolving IT contracts realm. Highly recommended. -- Peter S. Menell, Koret Professor of Law, Director and Co-Founder, Berkeley Center for Law & Technology, UC Berkeley School of Law
Introduction
This book will help you negotiate, draft, and understand information technology contracts. Specifically, it will help you address software-as-a-service and other cloud computing agreements, on-premise software licenses and other software transfers, and technology professional services agreements. It will also help you with the many contracts that combine two or more of those offerings. This book addresses business-to-business contracts (between companies) and business-to-government contracts. That includes agreements related to technology outsourcing and software distribution, among many other types. This book also addresses business-to-consumer contracts.
The guidance offered here is for both lawyers and nonlawyers. The text stays away from technical jargon—“legalese,” “engineerese,” and “programmerese”—and where it absolutely can’t avoid jargon, it provides a definition. In other words, this book uses simple English, like a good contract.
You can use this book as a training manual or a reference guide or both. If you’re training, read this book cover to cover. It provides an overview of the key technology contracting concepts.
If you’re after a reference guide, you can pick and choose the chapters to read. When you’re negotiating a contract, or reading or writing one, look up the various clauses to learn what they mean and what’s at stake. You’ll find sample language in each chapter, which you can incorporate into your own contracts. Plus, if you visit this book’s website, http://TechContracts.com, you can copy the sample clauses and paste them into your document. You’ll also find full-length contracts at the website, which you can download and revise to fit your deals.
Finally, you can use this book’s table of contents as an issue spotter: a checklist of clauses to consider.
This book can’t replace a lawyer—or a colleague with more information technology (IT) experience, if you are a lawyer. But it can help you understand your lawyer or colleague. And whether you have legal help or not, the better you understand your contracts, the more effective you’ll be.
I’m a technology lawyer and expert witness, a law school lecturer, and a professional trainer. This book grew out of seminars I teach, for both attorneys and non-attorneys. When I started running those seminars, students often asked where they could learn more—if I knew a good book on IT contracts. Most of the books I knew were massive tomes on intellectual property or contract law. They’re written for lawyers only, and their more practical lessons are spread across hundreds of pages. I’ve learned much of my trade on the job, rather than from a book. I’ve served as a technology lawyer in San Francisco and the Silicon Valley, both with a global firm and with my own law firm. I’ve also served as general counsel for a publicly traded software company and as vice president of business development for an Internet start-up. The material for my seminars came from the contracts I had negotiated and written in those positions. I’d never seen a really user-friendly outline of the issues. So I wrote this book.
This is the third edition. I’ve revised each edition to address changes in law and industry practices, as well as my own continuing experience, particularly as a contract negotiator and expert witness. And, in this edition, I’ve added something new. I’ve explained a handful of the most complicated issues raised by typical IT contracts. Those include the more intricate twists and turns of indemnities, the confusing role of “cumulative” limits of liability, and the realities that debunk myths surrounding copyleft (“viral”) open source software.1 Many contract drafters get along without ever noticing these trickier issues. And some who notice them ignore them—and that can be a valid choice. Figuring out, drafting, and negotiating any contract term costs time and money, and you should always weigh those costs against the benefits. So, in this book, each really complex issue has its own subchapter or section (the latter separated out by three diamonds, like those beneath this paragraph). That way, you can easily skip an issue you don’t want to tackle without skipping more vital, everyday explanations. But I hope you will dive into all the issues addressed here, including the handful of unusually complicated ones. Even if you decide not to address an issue in your contract, you’ll do a better job if you’re aware of it and understand it.
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David W. Tollen
David W. Tollen is an attorney and one of the country's best-known experts on information technology contracts -- and he teaches IT contract drafting and negotiation at the U.C. Berkeley Law School. Separately, David is also the author of award-winning novels that use fantasy to teach history and science, for young people.
David is the author of THE TECH CONTRACTS HANDBOOK: CLOUD COMPUTING AGREEMENTS, SOFTWARE LICENSES, AND OTHER IT CONTRACTS FOR LAWYERS AND BUSINESSPEOPLE -- now in it's 3rd edition, just released in 2021. It's published by the American Bar Association, and the prior editions have consistently ranked as the #1 bestseller for the IP Law Section of the ABA. THE TECH CONTRACTS HANDBOOK is a how-to guide for drafting and negotiating IT agreements, written in simple English.
David is also the founder of Tech Contracts Academy, where he teaches IT contract drafting and negotiation, for lawyers and businesspeople. And he is the founder of Sycamore Legal, P.C. in San Francisco, where he and his staff provide legal services related to software licensing and other IT contracts. He also serves as an expert witness in litigation on these same topics.
Further, David is the author of THE JERICHO RIVER, a young adult novel that uses fantasy to teach world history. THE JERICHO RIVER won first place at both the London Book Festival and the Next Generation Indie Book Awards, as well as a bronze medal in the Readers' Favorite Book Reviews and Awards Contest, among other honors.
David's second novel is SECRETS OF HOMINEA. Another multiple award-winner, it's a middle grade fantasy -- a tale of giants, gnomes, queens, and adventurers -- and it teaches science and history.
David earned law degrees from Harvard Law School and Cambridge University in England, as well as a B.A. in history from U.C. Berkeley.
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Customer reviews
4.6 out of 5
151 global ratings
James B. Stovell II
5
Must read for software deal makers
Reviewed in the United States on September 10, 2021
David Tollen writes, guides, informs, and leads as strongly in this book as he does as practicing technology contracts expert.
This is a must read for anyone who is serious about playing a role in technology deal making.
The world of contracts and partnering between tech firms and their customers has evolved massively over the last 15 years - and Tollen’s book helps innovators win where it matters.
Read more
3 people found this helpful
BrainNinja
5
Must Read for Every SaaS Contract Negotiator
Reviewed in the United States on September 10, 2021
Verified Purchase
With the advent of cloud computing came new ways of selling software services. These new distribution models require a new way of thinking about the terms in our subscription agreements. Dave Tollen has a knack for teaching these nuances in an easy to understand way. This guide comes highly recommended for all software executives.
2 people found this helpful
John M Keagy
5
Tollen wrote the book!
Reviewed in the United States on September 13, 2021
The author IS the state of the art in Silicon Valley.
Vanessa M
5
Useful
Reviewed in the United States on August 20, 2021
Verified Purchase
Useful and up to date. The clause examples are great!
2 people found this helpful
Amy K.
5
Fabulous resource for in-house counsel and contract managers
Reviewed in the United States on September 10, 2021
This book is a fabulous resource for in-house counsel and contract managers. The book is well organized so you can quickly find helpful information about almost any type of clause in a technology contract. I often turn to this book when I am reviewing a contract or writing one myself. Highly recommended!
7 people found this helpful
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