[Hidden-tech] License Agreement - State of Jurisdiction Question

[William Loving]

Standard licensing agreements, including for FileMaker software, always include a clause about jurisdiction, something like:

"This Agreement shall be interpreted, enforced and construed and the rights of the parties hereunder governed in all respects by the laws of the Commonwealth of <vendor's home state> ..."

I've never had anyone object to this clause before as part of the terms of the license agreement for my StudioSchool Pro solution, but a state University that is otherwise ready to purchase my solution is telling me that they are bound by law to only agree to adjudication in their state and that "99.9% of all vendors", large and small, agree to that change. Developer colleagues - those I've spoken to thus far - who ONLY sell to for-profit businesses - tell me "don't do it" and that that's a "deal breaker" for them, but they don't sell to Universities or government institutions.

Anyone have experience or thoughts on this?

Will

-- 

William M. Loving
Dedication Technologies, Inc.
7 Coach Lane
Amherst, MA 01002-3304   USA
will at dedicationtechnologies.com
Tel: +1 413 253-7223   (GMT –5)  
Fax: +1 206 202-0476
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