Creating Software Alliances

The rapid globalization of the software industry, combined with ease of software distribution worldwide, has transformed the industry into a vast network of alliance relationships. By partnering with resellers, system integrators, and others, a software company can extend its reach to customers in markets and geographies that would otherwise be closed to it, or accessible only at great expense and effort. But the actual structuring of a software alliance has often been a hit-and-miss proposition . . . until now.

Written by a seasoned intellectual property lawyer, Creating Software Alliances takes a comprehensive yet detailed look at how a software alliance agreement can be drafted to maximize profits for the software vendor. By analyzing the critical provisions of an alliance contract on a clause-by-clause basis, Creating Software Alliances promises to (1) reduce the time and expense of negotiating software partnerships, and (2) provide software companies of all kinds with the tools to strengthen their alliance relationships.

Creating Software Alliances also addresses the art of managing software alliances; revenue recognition issues that may arise; and special considerations when software companies expand overseas. It is a must-have resource for every executive and professional interested in making software alliances work.

Praise:

• "Michael Whitener has done a brilliant job with Creating Software Alliances. Advice this valuable is rarely heard outside of a law firm's offices. If you're a decision-maker in the software industry, you should read this book." "John Sharp, Chairman and CEO, Authentium, Inc.
• "This book is a must read for any software company that is selling through channels. It will reduce risks and lead to higher revenues." "Harald Horgen, President,The York Group
• "Successful alliances have a clear business Planning & Strategy, well-crafted structure, and flexible management. This book is a must-read for business development and legal executives crafting software alliances. It explains in plain English how the scope, terms, conditions, and framing of these deals can be designed to reach strategic goals and set the stage for productive partnerships." "Ben Gomes-Casseres, Co-author, Mastering Alliance Planning & Strategy and Professor, Brandeis University

About the Author

Michael L. Whitener is co-founder and General Counsel of Software Strategies, Inc., a company dedicated to developing, negotiating, monitoring, and managing global alliance relationships on behalf of U.S. software companies. Before co-founding Software Strategies, Mr. Whitener was Associate General Counsel-International for BearingPoint, Inc., a global management and technology consulting firm. Mr. Whitener earned his undergraduate degree from the College of William and Mary and his law degree from the University of Virginia School of Law, where he was Executive Editor of the Virginia Journal of International Law.

Contents:

• INTRODUCTION
• CHAPTER 1: THE SOFTWARE ALLIANCE AGREEMENT
• CHAPTER 2: SCOPE OF ALLIANCE
• CHAPTER 3: GRANT OF LICENSE FROM VENDOR
• CHAPTER 4: ALLIANCE PARTNER OBLIGATIONS
• CHAPTER 5: SOFTWARE VENDOR OBLIGATIONS
• CHAPTER 6: PRICING AND COMPENSATION SCHEMES
• CHAPTER 7: WARRANTIES, INDEMNITIES, AND LIMITATION OF LIABILITY
• CHAPTER 8: MAINTENANCE AND SUPPORT
• CHAPTER 9: CONFIDENTIALITY
• CHAPTER 10: TERMINATION RIGHTS AND EXIT STRATEGIES
• CHAPTER 11: DON'T IGNORE THE "BOILERPLATE"
• CHAPTER 12: GOING OVERSEAS: SPECIAL CONSIDERATIONS
• CHAPTER 13: SOFTWARE ALLIANCE MANAGEMENT
• CHAPTER 14: REVENUE RECOGNITION ISSUES
• CHAPTER 15: APPENDICES INCLUDING A REVISED AGREEMENT