Marines’ Memorial Club and Hotel, San Francisco, CA,

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An evergreen thorn in the side of software license negotiations is the use of open source code. An issue that must be addressed head on, companies on both sides of the table are being increasingly confronted with challenges to the use and licensing of proprietary products that contain or otherwise incorporate open source code. Coupled with the other core challenges presented by the negotiation of software licensing agreements – IP infringement, warranties, limitations on liability, indemnification, revenue recognition, product development and maintenance, and most importantly, contract termination, it is imperative to a successful negotiation that one has a process in place to preemptively anticipate, address and quickly resolve these issues when they arise.