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There are two in our Downloads Library that could work -- I know they'd at least give you some ideas: Publisher Agreement and Embedded Software Agreement. Both are in the Pricing and Licensing section.
However, you've asked for something that is incredibly difficult to "template-ize" -- it's kind of like asking for a template for the perfect spouse. :D
There are so many flavors of OEMs, and so many degrees, and so many variations upon variations, it's nigh-on impossible to cover all the possibilities in a single document.
I've mentioned this resource in the past, and it remains a great one for all things OEM: Stromian Technologies, which is run by Don Rosenberg.
By the way, Don is part of our "faculty" for our upcoming Software University. He'll be doing an online seminar on how to structure and negotiate software OEM deals on May 1, 2003.
Categories: Licensing Issues
Looking for a sample OEM contract template that I can modify to fit specific situations.
Any suggestions?
Pete
- member since: 11/05/2001
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Bruce is the master of understatement. It is easier to find the right spouse than to templatize an OEM deal.
Look to the boilerplate deals as a barebones heading outline...
The real trick is to negotiate the right deal elements.
If you have never negotiated a deal like this, make sure you engage an attorney that has. (Failing that, make sure you have one that understands IP and SW issues ...) Then discuss how to approach the deal, outline the objectives of the deal...
Think in terms of a MOU (memorandum of understanding) or LOI (letter of intent). If you can get to that stage, then the contract can be easily drafted.
Leave the contract drafting for last.
Jim Geisman
PS The best attorney I ever engaged said he was a business person trained in the law... All the good ones I know think more like business people than attorneys...
[COLOR=DarkRed][B][URL="http://www.softwarepricing.com"]Software Pricing Partners, Inc.[/URL] [COLOR=Black]+508-647-0330[/COLOR][/B][/COLOR]
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