"End-user license agreement best practices"
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 MEDICALECONOMICS.COM