Having worked in the Information Technology sector for 15 years, our China intellectual property lawyer has an intimate knowledge with the areas of concern facing those that have a web site, a product, or an idea that needs to be licensed. She can help you work through the problems faced with using open-source verses proprietary software.

Our lawyers are experts in all types of software licensing and SaaS issues: License Agreements Whether its drafting a clickwrap or a 80 page master with a Fortune 500 client, Our Firm has negotiated every type of  software agreement out there. 

Our software licensing lawyers negotiated billions of dollars in software licensing and technology transactions - for both licensors and licensee and for standard OTS software terms or true custom development projects.

Focus on Software Licensing

At China IP Law Firm, we concentrate a large portion of our practice on software licensing.  For many startup companies, software is the company’s largest investment.  To prosper, the license must be right.  A company needs value for its software, but cannot give away important rights.  We have a long history of helping startups license their software to large world-wide companies.  

Such large organizations have teams of highly skilled individuals who seek to ensure their company receives the best possible license terms.  Legitimate, reasonable needs of the startup are frequently overlooked.  We know how to deal with the purchasing and legal departments of such large companies.  We ensure our clients get a contract that provides value without giving up important rights.  We’ve also helped large companies license software for their use.  We understand the needs of both sides in a license agreement.  This enables us to get the best possible deal for our clients.

We’ve developed software licenses to fit any situation, including: 

•  Complex licenses for software installed on the customers’ servers;
•  Hosted software solutions that customers access through the web;
•  Software As A Service (SAAS) contracts; and
•  Relatively simple licenses for apps that consumers can easily down load to their mobile device.

All software licenses contain certain basic standard terms.  To help understand these terms, see our blog post, Proprietary Software Licenses Basics.  It also helps to know:

•  What is commercially reasonable in a software license.
•  What terms can be compromised.
•  Where compromise is difficult or impossible.
•  What rights a startup company licensing software must retain in order to ensure it continues to grow.

We can help with all of this.  While there are basic standard terms in every software license, such terms must be customized to fit each individual situation.  There is not a “one size fits all” software license agreement.  We ensure that our clients:

•  Understand the terms, rights, obligations, and the impact of all the terms in a software license.
•  Receive the best possible terms in a software license.

Here’s an example of how we can help.  Your software’s functionality may be far superior to any other.  A large company wants to license, but is concerned.  The software needs to be maintained.  Startups are not always successful.  Even those that provide outstanding software, may not be around to provide maintenance services.  The large company’s solution is to have access to the source code.  This way its team could maintain the software.  Of course, this solution is not in the interest of the software company.  It should not provide its source code to the large company.  We know how to resolve this conundrum, and ensure the startup gets the license.  The solution is to simply put the source code in escrow.  The escrow agreement will provide that the customer may access the source code if the software company fails to provide the maintenance services.  This solution resolves the large company’s needs, but protects the rights of the startup.  

Licenses for apps are generally not negotiated.  These are presented to a customer on a “click accept” basis.  Despite this, it is important that an app license contain commercially reasonable terms.  If the license is not commercially reasonable, a court may not enforce even those terms that are reasonable.  It is also critical an app license protect the owner’s interests.  Every app is different.  It is important that terms are customized to fit your individual situation.  Our licenses for apps have been accepted and downloaded thousands of times.  We know how to provide commercially reasonable enforceable licenses for apps that protect the owner’s interests. 

If you need help or have questions about software licenses, contact our China software license lawyer.

Our lawyers learned the nuances of software licensing - helping innovative tech companies at all stages of growth and with all types of software and technology.  Put true Valley expertise to work for you. We are avid technologists and technology consumers.  We think its important to speak the same languages as programmers and developers and thus have ensured we have a strong grasp of all things that go into product development.

Whether its drafting a tailored license agreement form for your new product to negotiating a $100M bet-the-company licensing deal, we know all the software licensing issues and have negotiated great outcomes for all clients.  

Example transactions of our software licensing lawyers:

•  Negotiated numerous licensing and technology agreements for and against parties
•  Software Licensing Large Company: Counseled public health care software provider in strategic transactions, including in-licenses of value-added products to create a broader and more integrated customer solution + significantly increase marginal revenues on existing software solutions.
•  Medical Software Licensing Attorney: Advised client in creation and implementation of off-shore development center business model generating more than $10M in additional annual revenue from an existing client relationship.
•  E-commerce Software Attorney: Advised a security and DRM software company in implementing a new preferred customer program offering that allowed for renegotiation of existing contracts to decrease liability exposure while also increasing revenue.
•  Cyber Security Software Attorney: Negotiated strategic licensing arrangements with a global digital signal processing and semiconductor company to seed the market with client’s software and allow multi-million dollar up-sell opportunities for client’s sales team.
•  Custom Software Development: Represented a large financial services public company on licensing of financial decision making products, and purchase of network infrastructure from a leading hardware and software technology provider. 

Why work with out China software licensing lawyer

•  Growth Focus: Whether its helping a startup launch or a large client grow its  revenue - Our Firm is focused on helping your business grow and expand.
•  Low Fees: We offer flexible and low cost billing models - from flat fees to low hourly rates.  With Our Firm you get big firm experienced at low rates.
•  Experience: Our attorneys provide  industry/practice area expertise that rivals any large firm at a fraction of the rates - that's the Our Firm edge.
•  One-On-One: Unlike large firms, we don't have multiple levels of attorneys you interact with.  You work with a partner at all stages of your project.
•  Client Focus: We truly get to know each client's business and strive to become a trusted partner in all things that they do.  Our goal is provide value at all stages.
•  Client Love: Time and time again our clients tell us that they are amazed at the value we provide and how we have changed the way that they view a a law firm.
•  Network: At Our Firm we work with professional, technical and management experts across industries and connect our clients to people who can help.
•  Trust: Clients trust Our Firm with projects ranging from multi-million dollar sales transactions to strategic positioning for exits and everything in between.