Our customers help us improve our software all the time. We regularly hear about some eccentric SCORM problem or Package Property that would help make the product better, and we strive to include that as quickly as we can.
Concepts of listening and improvement, though, need to extend beyond the core products themselves. I’ve been working with a prospect on the SCORM Engine, working toward contractual agreement. In doing so, he discovered what he felt was a hole in our agreements. Specifically, he couldn’t find any route by which he could opt out of the agreement if we failed to hold up our end of the bargain.
Incredulous, I told him I was sure it was there, but that I would check in with our legal staff at Waller Law. Wouldn’t you know it, the basic document we’ve been using for years doesn’t include that specific right. Well, frankly, if we’re not doing what we indicated we would, what right do we have to lock you into your deal? The answer, obviously, is none.
So, all of our basic agreements have been changed and we’re moving forward with some new language. Specifically,
“Customer may terminate this Agreement if Licensor is in material breach of its obligations under this Agreement and such breach is not cured within thirty (30) days of receipt of written notice from Customer describing the breach in reasonable detail.”
If we’re wrong, well, we’re wrong. So, changes have been made to our “annotated legal documents” as well, section 7, if you care. [If anyone cares, the annotated legal documents have been great for us. Prospects seem to love them and I’m not answering the same questions all the time anymore!]
