Kavitha Gupta's blog

Negotiating Contracts: 12 Key Terms to Negotiate in a Software as a Service or Cloud Service Agreement by Stephen F. Pinson in Blogs Software as a Service and Cloud Service offerings have become ubiquitous digital platforms for many enterprises and small businesses in their quests to provide a single unified platform to their employees and customers. Providers offering Software as a Service and Cloud Services allow end users to access software and infrastructure remotely from any location and storing data with a provider. Because of the risks associated with storing data in the cloud and the need for uninterrupted access to the data, businesses want to be sure that they understand their requirements when entering into a cloud service agreement with a provider. The following is a list of suggested requirements when negotiating Software as a Service or Cloud Service agreement (these are not in any particular order): Demarcation A demarcation point is typically ...

Can a Software Publisher Force You to Audit Your Customers? by Christopher Barnett in Blogs Many software-solution vendors utilize third-party infrastructure or application programs as frameworks for embedded solutions that they sell to their customers and install on their customers’ computers. Licenses for those third-party products typically can be acquired by a vendor and passed to its customers pursuant to the terms of an Independent Software Vendor (ISV) or Original Equipment Manufacturer (OEM) license agreement. Under those agreements, the third-party publisher often receives a set fee based on the number of licenses for its software that are distributed to the vendor’s customers. This licensing model is a relatively old one in the software world, but it is one that retains a number of pitfalls for unwary solution vendors. One of the most significant problems that can arise is associated with the audit clause in the ISV or OEM agreement. Almost all such ag...

CCI rejects complaints against Flipkart, Snapdeal and other e-retail majors New Delhi:  The Competition Commission has rejected allegations of unfair business practices against five online retail majors -- Flipkart, Snapdeal, Amazon, Jabong and Myntra -- as it did not find any prima facie evidence of violations. The complaints were filed against Flipkart India Pvt Ltd, Jasper Infotech Pvt Ltd, Xerion Retail Pvt Ltd, Amazon Seller Services Pvt Ltd and Vector E-commerce Pvt Ltd. After looking into the matter for the past few months, the fair trade regulator has ruled that these entities did not violate competition norms by indulging in cartelisation or by abusing their dominant position. Jasper runs Snapdeal.com, Xerion owns Jabong.com, while Vector is the company behind Myntra.com. Myntra has been acquired by Flipkart.com "... the Commission is of the prima facie view that no case of contravention of the provisions of either section 3 or section 4 of the Act is made...