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

[William Loving]

Kevin,

Do you agree to adjudication in the licensee's location or just strike the "Governing Law" clause entirely? 

Will

On Jun 18, 2013, at 10:10 AM, Kevin <kevin at inresonance.com> wrote:

> Will 
> 
> We have agreed to adjudication in other states and countries. 
> 
> Kevin
> 
> Sent from my iPhone
> 
> On 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
>> _______________________________________________
>> Hidden-discuss mailing list - home page: http://www.hidden-tech.net
>> Hidden-discuss at lists.hidden-tech.net
>> 
>> You are receiving this because you are on the Hidden-Tech Discussion list.
>> If you would like to change your list preferences, Go to the Members   
>> page on the Hidden Tech Web site.
>> http://www.hidden-tech.net/members



-- 

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

-------------- next part --------------
An HTML attachment was scrubbed...
URL: http://lists.hidden-tech.net/pipermail/hidden-discuss/attachments/20130618/5dba13a5/attachment-0001.html