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2013 World Technology Law Conference & Annual Meeting
Technology Acquisition and LicensingPillsbury Global Sourcing has advised on large-scale technology acquisition and licensing deals for more than 30 years, structuring and negotiating thousands of technology transactions for clients worldwide. Our experience covers everything from software licensing and application development agreements to packaged application implementation and hardware leasing.
Software Licensing and SaaS Agreements
Pillsbury advises domestic and multinational companies—both buyers and service providers—on software licensing and SaaS service contracts for a wide range of packaged software and enterprise products and software systems, including Master License Agreements, Master Terms, end user licenses, maintenance and support terms and system implementation. We help SaaS providers develop go-to-market contracting and licensing programs and contracting models and terms.
Our advisory services are informed by a balanced understanding of licensee and licensor perspectives, and encompass:
- Counseling on commercial strategies
- Performing pricing analyses
- Negotiating country-specific terms for global or multinational licensing regimes
- Advising, structuring and negotiating the separation, apportionment, transfer and related supplier consents related to enterprise license portfolios impacted by corporate mergers, acquisitions, sales or spin-offs
Pillsbury Global Sourcing's Application Development clients include domestic and multinational companies involved in externally sourced and internally produced application development projects. Our experience includes:
- Negotiating consulting services and development agreements, both single implementations and ongoing application development programs
- Working with offshore development teams, both external providers and internal or "captive" offshore development centers
- Developing and negotiating project-based service level regimes and performance regimes designed to ensure quality, on-time, and on-budget delivery
- Developing project-based pricing models and related contracting terms for fixed-price, capacity-based pricing and alternative time-and-materials models
- Advising on adoption and implementation of "Agile" development methods as part of a customer's software development life cycle (SDLC)
- Evaluating labor rates across multiple skill-sets, software domains and geographies (with a focus on the U.S. and India)
Packaged Application Implementation
Pillsbury has advised on some of the largest-ever packaged application implementations, involving SAP and Oracle ERP systems, core-banking platforms, and manufacturing and commodities sector implementations. Our experience includes structuring and negotiating licensing, implementation, and customization transactions. We advise clients on all contractual components throughout the project life cycle, including macro and micro design (e.g., requirements development through blueprinting), development, testing and localization.
Our advisory model and contracting approach stand apart in several ways:
- Project mobilization, governance structuring and ongoing participation in project governance
- Work package segregation of services across different phases of the software development life cycle
- Optimal price structuring methodologies mapped by work package, designed to minimize price risk
- Performance standard methodologies that combine service levels, milestone regimes and related quality measures for ensuring on-time, on-budget performance
- Labor rate analysis and evaluation
Hardware Acquisition and Leasing
We advise clients buying or leasing hardware on the procurement of standard equipment under supplier forms and the development of customized procurement transactions for one-off hardware procurements.
Our experience includes:
- Desktop refresh transactions (including hardware and associated software)
- POS (point of sale) equipment upgrade and replacement transactions
- International sale of custom supercomputers