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ARTICLE · 26 AUGUST 2011

Case Study: A Reminder Of Five Important Software Licensing Best Practices

Bennett Jones LLP
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Rather than merely presenting hypothetical warnings about what can go terribly wrong with an important software project, it is always far better when an actual case comes along to provide those lessons.

CanadaMedia, Telecoms, IT, Entertainment

Rather than merely presenting hypothetical warnings about what can go terribly wrong with an important software project, it is always far better when an actual case comes along to provide those lessons. The recently decided case by the Court of Appeal in the U.S. Seventh Circuit,1 does just that – in spades.

TransCare provides ambulance and other medical transportation services and it wanted to replace its dispatch and billing software. Digitech's proposal to provide that software to TransCare included a provision that the Appellate Court described as a "90-day satisfaction guarantee". That offer stated that during the first 90 days of software use, billing would be limited to programming charges and that if TransCare was not completely satisfied within that period, it could walk away from the contract without paying any software license fees.

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