End-user license agreement best practices

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					gettin’ to know eula:
   END-USER LICENSE AGREEMENT
                      Best Practices
                                                                                                        BY Rosemarie Nelson


 CHECKLIST 1: BEFORE YOU SIGN
 c        Enlist an attorney experienced in software contracting.
 c        Outline key contract terms in the request for proposal (RFP).
 c        Make sure your attorney understands any technical challenges associated with
          implementation.
 c        Prioritize issues and areas for leverage in negotiations.
 c        Identify team member roles and responsibilities.
 c        Coordinate meetings with decision makers on both sides to clarify issues and
          interests related to the contract as early as possible.



 CHECKLIST 2: EULA ESSENTIALS
 c        Service-level agreements, performance standards, and warranties.
 c        Performance guarantees backing the complete solution as described in the response
          to the RFP and in the vendor’s published specifications.
 c        Payments tied to clear milestones or at-risk provisions.
 c        Escalation path, including roles and responsibilities.
 c        System acceptance criteria and related remedies for failed acceptance.
 c        Intermediate remedies (short of termination) to compensate for vendor failure and
          incentivize timely resolution of problems.
 c        Processes for prioritizing issues (with time frames for response and resolution).
 c        Specification of payment refunds or withholds if service levels are not met.
 c        Definition of activities included in maintenance (such as product upgrades,
          enhancements, and response to government mandates).
 c        Confirm useful life of product (that is, long-term maintenance and support).


Copyright Medical Economics, June 25, 2012. For more information on electronic health records and meaningful use, visit

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DOCUMENT INFO
Description: Get to know the ground rules before signing an end-user license agreement, committing to a long-term relationship with an electronic health record system provider. Medical Economics consultant Rosemarie Nelson provides you with a checklist to prepare you for negotiations and another checklist for things you'll want to see in any contract.