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RFP Fundamentals

What is a Legal Agreement?

Definition

Legally binding contract between parties establishing rights, obligations, and remedies. Legal agreements for software procurement include master service agreements, data processing agreements, business associate agreements (HIPAA), and terms of service. These documents define liability limitations, intellectual property ownership, confidentiality obligations, dispute resolution mechanisms, and termination conditions. Organizations should have legal counsel review all agreements before signing, particularly regarding indemnification, limitation of liability, and data protection clauses.

Why This Matters

Software agreements define rights, obligations, and remedies when things go wrong. Key provisions—indemnification, limitation of liability, data protection, termination rights—significantly impact your risk profile. Organizations should have legal counsel review all agreements before signing, particularly regarding liability caps, intellectual property ownership, and data protection clauses. Standard vendor agreements heavily favor vendors and require negotiation.

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