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

[Kristi]

Becuase it's a state university, it may very well be required to include a
clause restricting the forum to its own state.  So long as the rest of the
agreement is well drafted, and you are comfortable with the terms, you
should probably not fight this.  Bear in mind that the overwhelming
majority of contract disputes and other cases settle without need for
litigation anyway.  Good Luck!

Kristi A. Bodin, Esq.
Seewald, Jankowski & Spencer, P.C.
Five East Pleasant Street
Amherst, MA  01002-1501
Office  (413) 549-0041
Cell     (413) 695-9848
Fax     (413) 549-3818
KAB at SJSAmherst.com
www.SJSAmherst.com
 krystyobolyte at gmail.com
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On Mon, Jun 17, 2013 at 6:29 PM, William Loving <
contact at dedicationtechnologies.com> 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
> Tel: +1 413 253-7223   (GMT –5)
> Fax: +1 206 202-0476
>
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