If you are creating a new software development company or need a number of legal documents related to the software, check out our software developer packages. A software development agreement exists between a customer and a developer with whom the customer gives the developer the contract for the creation and delivery of a particular software. The software is protected by copyright as literary, see 17 U.S.C§ 107(a)(1) and may also include patented processes, see 35 U.S.C. § 101. This software development agreement has been developed with ease of use in mind. As part of this agreement, the developer agrees to create certain software for the customer and to transfer the intellectual property rights of this software to the customer. The customer agrees to pay the developer. 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 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. CONSIDERING that Customer has designed [QUICK DESCRIPTION OF SOFTWARE] (the “Software”) described in more detail in Appendix A and that the Developer is a contractor with whom Customer has entered into an agreement for the development of the Software.
If the developer retains rights to elements of the software and grants the customer a license to those elements, you should consider our premium software development agreement instead. This is a free and relatively simple agreement. However, it always addresses the most important issues in a little detail. Website-contracts.co.uk and Docular also offer a number of web design and development agreements. 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. 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.
With regard to the development process, the agreement provides that the client must work with the developer, while the developer must keep the client informed of the progress made. The Developer undertakes to ensure that the source code of the Software is written to a professional standard and in accordance with the documents of the coding standards agreed upon by the parties. The developer also undertakes to deliver the software according to the schedule set out in the contract. All intellectual property rights in the software are assigned to the customer, with the exception of the rights of third-party works that are incorporated into the software….