Being a SAAS lawyer, I occasionally operate into The problem of "Do I need a Membership Companies Agreement (SAAS Settlement) or possibly a Computer software Settlement (EULA, and many others.)?" It really is pretty uncomplicated, as it all relies on the principal product offered. Allow me to describe.
If a corporation is trying to outline their product within their close user arrangement and they are Uncertain of the shape settlement to start with, they need to decide if there is any software package downloaded with the customers, or When they are only furnishing software program-as-a-assistance via a browser. Whilst a lot of corporations have hybrids (some solutions and a few downloaded software package) I do think it ought to be considered as what is the organization largely giving for their shoppers.
Should they be generally providing software through a browser, but there's some program downloaded (think Go-to-Conference or Webex), then they would wish a Membership Companies Arrangement, as they truly are within the SAAS company and not purely licensing their software.
However, Should they be principally delivering computer software which can be downloaded, but there are several solutions provided (it's possible assist/maintenance/training/some expert services throughout the web), then they would wish an a computer software settlement (EULA, and so forth.), as they are licensing their a software package and it really is not as likely for being found being a service.
Every single software dependent company need to decide which kind of close person agreement they want, as their shoppers will probably be asked about it, and they SaaS Lawyer need to have it appropriate! A handful of views, from the SAAS attorney on SAAS agreements and end user software program agreements.