Practices

Computers and Information Technology

Hardware Purchase and Maintenance Agreements. Contracts for the sale of computer hardware incorporate most of the provisions involved in any sales contract, yet are unique to the computer industry. Warranties, limitations on liability, and the timeliness of delivery and installation require specialized drafting and review. In the case of hardware maintenance agreements, a key issue is just how much service is actually being provided for the agreed-upon price. Fraser Trebilcock’s attorneys are experienced in this specialized area of the law and available to draft or review hardware purchase and maintenance agreements.

Software Development Agreements. Software code is usually protected by copyright. The provisions in the Copyright Act that deal with the ownership of copyrighted material are counter-intuitive for many people. To ensure the party you think owns the software actually does, it is important to involve a lawyer with experience in this area. Other software development agreement issues, such as warranties, limitations on liability and delivery time lines, require drafting and review by an experienced legal specialist.

Software License and Support Agreements. Software, rarely sold, is usually licensed. The limitations surrounding licensing make it important for both the seller and purchaser to accurately record their respective rights and responsibilities. If you want to sell licenses for software that you own, you will need the assistance of a legal specialist to identify the issues uniquely associated with software licensing. Our attorneys have substantial experience in drafting software license agreements. If you are acquiring a software license, you need to be sure you understand and can live with its terms. They will assist you by reviewing the license agreement and explaining its legal ramifications. If you are in a position to negotiate these terms, our attorneys will help you identify key issues and can also negotiate the license for you.

Intellectual Property Protections and Issues. The ownership and use of intellectual property is critically important. Copyrights and trademarks may be used to protect code, text and design. Protecting trade secrets is vital. Domain names, logos and product names all raise trademark and service mark issues. Database ownership is also important. Fraser Trebilcock’s legal specialists can help you with all aspects of intellectual property protection and compliance.

E-Commerce. As you join the e-commerce revolution, you may encounter a number of legal issues, such as domain name disputes (including cybersquatting and typo-piracy), state taxation (particularly sales and use tax), online fraud, credit and collection matters, security issues and privacy issues. Our attorneys can help you address these and other general business issues.

Litigation and Dispute Resolution. Disputes may arise over any number of issues involving computers and the Internet. Fraser Trebilcock has specialists experienced in litigating many types of cases, ranging from collections to complex intellectual property cases. Our experience includes court litigation, mediation and arbitration.