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my name is Marcus Harris Im a Chicago based software and intellectual property attorney my office has developed one of the nations leading practices devoted to drafting negotiating and litigating software related agreements with vendors like Oracle Microsoft and sap now one of the common questions our clients typically ask in the context of a software maintenance agreement is what are the key issues in this software maintenance agreement that I need to be aware of and I think one of the first things that you want to do is focus on defining a structure by which the maintenance services are going to be provided to you I think its all too common for users to actually Focus instead on the particular fix they want and put that in the agreement and then ask the vendor to agree to that and I think it is incredibly difficult and unlikely for any vendor to agree U to provide an actual fix to something that they dont even know um or are aware of beforehand in the contract you want to focus o