A Guide to IT Contracting, 2nd Edition

Chapter 15

Original Equipment Manufacturer (OEM) Agreements

CHECKLIST

Key Contractual Concerns from the Perspectives of Both PartiesScope of Use of Supplier Technology

• □ Supplier technology may not be exploited separately from the OEM product

Distributors and Subdistributors

• □ OEM’s right to use distributors and subdistributors

• □ OEM liability for the actions of distributors and subdistributors

Private Labeling

• □ OEM’s right to private label

• □ Supplier’s right to ensure its intellectual property rights are protected

Source Code Access

• □ OEM access to source code

• □ OEM’s liability for functionality and other issues resulting from modifications it makes to source code

Open-Source Software

• □ Whether supplier can include open source ...