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

Scott Reed sreed at avacoda.com
Tue Jun 18 09:32:36 EDT 2013


A little guy usually has to work with the big guys on their terms, for 
good reason. Any large corporation and especially any large university 
is way way less likely to default on the agreement than you are, so they 
want to enforce it on their turf. It makes sense to me. I'd go for it 
(but I'd not recommend entering into such an agreement with a business 
with poor D&B ratings).
   Scott

On 6/17/2013 6:29 PM, William Loving wrote:
>     ** Be sure to fill out the survey/skills inventory in the member's area.
>     ** If you did, we all thank you.
>
>
>
>
>
> 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 <mailto:will at dedicationtechnologies.com>
> Tel: +1 413 253-7223   (GMT --5)
> Fax: +1 206 202-0476
>
>
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