Software Development Agreement Template

Phase II – Software Development and Installation This software development agreement is for companies or developers who purchase or develop custom software. You will find a checklist of this document and documents associated with www.contractstandards.com/checklists/sof. The agreement will (hopefully) culminate in either the developer transferring ownership of the developed software to the customer – including all copyright and patent rights in the software – or the developer grants the customer a non-exclusive license to use the software. For example, the customer may have an idea for software to improve its own internal systems, but the customer has no intention or ability to produce and market the software. If the customer does not care whether other companies, in the customer`s industry or elsewhere, can use the software, it may make more sense for the customer to simply obtain a non-exclusive license from the developer, which allows the developer to freely market the developed software. This provision is the extent to which the developer guarantees that the software does not violate the IP rights of third parties. Due to the circumstances, a lawyer may decide whether these safeguards are sufficient. This provision depends on the circumstances. Talk to a lawyer if the developer does not want to compensate the client, if the software violates the intellectual property of third parties. The Developer agrees to exempt, defend and protect the Customer from all claims and costs related to the Software, including reasonable attorneys` fees resulting from the Developer`s infringement of the intellectual rights of third parties. Customer wishes to instruct the Developer to provide certain unique and proprietary software specifically designed and/or customized for Customer (the “Software”) and the Developer is prepared to accept the order to develop such software under the terms and conditions set forth in this Agreement. The developer`s agreement on this “Work made for hire” clause does not necessarily mean that a court would agree.

If the software does not fall into 1 out of 9 categories in the Copyright Act, it is not a “work produced for rent”. A lawyer can discuss whether the software may not be considered “work made for hire” and can advise you on the right language for your situation. In addition to this free document, we publish a series of model legal agreements related to software development. These are published both on website-contracts.co.uk which provides downloadable MS Word templates and on Docular, which contains an online editor and allows downloads in a variety of formats. This is a free and relatively simple agreement. However, it always addresses the most important issues in a little detail. 1. Fees for software development work. The fixed price for the design, development and implementation of the software is ___ USD. This Software Development Agreement (the “Agreement” or “Software Development Agreement”) sets fore the terms that govern the contractual agreement between [Developer.Company] and its registered office in [Developer.Address] (the “Developer”) and [Client.Company] whose registered office is located in [Client.Address] (the “Customer”) that agrees to be bound by this Agreement. Website-contracts.co.uk and Docular also offer a number of web design and development agreements.

This provision is an assignment of the installed software and does not explicitly contain source code, which raises the question of how the customer will wait for the software if the developer is no longer available to support the software…