[Hidden-tech] License Agreement - State of Jurisdiction

[Daniel Gingras]

Will,

Scott & Kevin have both given you exceptional guidance.  I would recommend that you NOT strike the language (Governing Law) from the agreement, only change it to provide for adjudication in the licensee's state/home region.  They will be secure with that and you'll have another large customer.
Congratulations on your product sale!

~Dan

Daniel Gingras, MBA


On Jun 18, 2013, at 11:29 AM, William Loving wrote:

>   ** Be sure to fill out the survey/skills inventory in the member's area.
>   ** If you did, we all thank you.
> 
> 
> 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
> 
> _______________________________________________
> 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

-------------- next part --------------
An HTML attachment was scrubbed...
URL: http://lists.hidden-tech.net/pipermail/hidden-discuss/attachments/20130618/ad56c313/attachment.html