In SaaS agreements, software and other technologies are provided as a cloud service in a subscription model. No physical merchandise changes ownership. When the software is licensed through a licensing agreement, the company usually provides the software itself to the company for a one-time (or monthly) fee. The necessary software and associated hardware are physically installed in the company. SaaS gives end-users online access to products, which means that the structure of the agreement focuses more on the possibility of using the product itself than to allow its use as a service. Kilpatrick Townsend Partner Megan Demicco recently participated in a webinar that provided guidance to business and technology consultants in the development of cloud service contracts. Software as a service agreements or SaaS agreements define the terms of a software delivery model that centrally hosts software and data and is accessed by users via the Internet. Sometimes SaaS contains fairly heavy service elements, while other SaaS agreements allow end-users easy access to products that can be allowed in the traditional way. In the SaaS model, data is downloaded into the system and stored in the cloud. No additional hardware or software is required. Enterprise software and IT services have become increasingly important to businesses – and increasingly available on the Internet. These services are subject to the SaaS, PaaS and IaaS agreements. If your company wants to subscribe to cloud services – or provides them to consumers – these contracts must be negotiated carefully for the benefit of both parties.
Working with a Contract Lawyer from the Priority Network can help you ensure that such important business relationships are as effective as possible. 5.10 The customer agrees that the provider appoints provider-selected cloud hosts, including Amazon Web Services, Inc. (aws.amazon.com) and Microsoft Azure (azure.microsoft.com), as the third-party personal data processor under this Agreement. The supplier can change the list and the customer can terminate the contract in accordance with paragraph 14 if the customer does not agree with this change. The supplier confirms that it has entered into or concludes a written agreement with the third-party processor on the terms and conditions of the third party`s sale (if any) and that it is considering and continuing to take into account the requirements of the Data Protection Act in both cases.