Most SaaS products are built on combinations of proprietary code, open source software, and third-party components. That reality shows up in three provisions that experienced SaaS lawyers negotiate on nearly every deal: the IP access right, the open source terms, and the third-party components section. These clauses are easy to skim past because they read like boilerplate. But they answer real questions: Does the customer's right to access the service survive a vendor bankruptcy? When the vendor ships a mobile app or desktop client alongside the hosted service, does the agreement treat that copy of software the way it should be treated legally? Who is responsible for open source compliance when the vendor hosts everything versus when it delivers a downloadable? What happens when a third-party component the vendor chose to embed fails, gets acquired, or disappears mid-contract?
In this webinar, Laura Frederick, Akiva Miller, and Brian Chang work through all three provisions in depth. The session covers why calling a hosted service access right a "license" creates unintended legal consequences, how the open source compliance picture shifts entirely depending on whether software is delivered to the customer or just hosted, and why the standard third-party components disclaimer is structurally flawed when it disclaims responsibility for components the vendor itself chose to build with. Each provision gets its own deep-dive, with real contract language on screen and both the vendor and customer perspective on what is wrong with it and what to push for instead.
Attendees will leave knowing which of these provisions actually carries risk, how to read a third-party components section to understand what the vendor is and is not standing behind, and what a vendor warranty on open source compliance should say. The session is designed for in-house lawyers who negotiate SaaS agreements regularly but have never had anyone walk them through the legal framework underneath the standard language.
*Live CLE Credit Information:
How to Contract will apply for 1.25 hours of General CLE credit in CA, PA, and TX.
We will provide details to attendees on how to request a certificate of attendance. These certificates are provided after an attendee submits a completed credit request form (including the CLE code words shared live) within 14 days of the live webinar. Late submissions are not accepted.
Lawyers in these other jurisdictions who attend live may be eligible for credit through reciprocity, self-application, or reporting: AK, AL, AR, AZ, CT, CO, FL, GA, HI, IA, ID, IN, IL, KY, LA, NC, NH, NJ, NV, NY, MD, ME, MN, MO, MT, NC, ND, NE, NH, NM, NV, OK, OR, RI, SC, TN, UT, VA, VT, WA, WI, WV, and WY. These programs may also be eligible for Canadian CPD credit in British Columbia, Ontario, and Quebec.
We do not determine individual eligibility. Please check your state bar for specific compliance rules.
