All Contracts are fully drafted, ready-to-use yet fully editable – just fill in party names, product/price/contract details and also can be digital signed for immediate conclusion.

ONLINE SOFTWARE DISTRIBUTION AGREEMENT (Owner)

Drafted for the Software Owner's benefit to grant to an independent Distributor the right to distribute its software over the internet. Includes licensing rights, territory, fees and support. Read moreRead more

OPEN SOURCE GNU GENERAL PUBLIC LICENSE

As opposed to software being protected by strict licensing terms, Open Source Software (OSS) is computer software that is made available in source code form to the general public with much less stringent or indeed, non-existent copyright restrictions which are legally available to the copyright holder. Software developers must decide if they want to publish their software with an OS license since any user will be able to develop the same software or understand its internal functioning. OSS also generally allows anyone to create modifications of the software, port it to new operating systems and processor architectures, share it with others or market it. Read moreRead more

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OPTION AGREEMENT

Agreement which affords (for example) a potential distributor, the opportunity of assessing software before embarking upon full marketing under a distribution agreement with the software owner. Read moreRead more

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OUTSOURCING AGREEMENT (Client)

This Agreement is drafted for the benefit of the Client, which wishes to appoint an IT outsourcing company to provide any type of IT services for it, from low-end data entry and back-office support to high-end development and research including legacy applications maintenance, applications development, ERP support, financial and legal services (research and documentation), data warehousing and embedded software development. Read moreRead more

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OUTSOURCING AGREEMENT (Contractor)

This Agreement is drafted for the benefit of the outsource Contractor, which is contracted by the Client to provide any type of IT services for it, from low-end data entry and back-office support to high-end development and research including legacy applications maintenance, applications development, ERP support, financial and legal services (research and documentation), data warehousing and embedded software development. Read moreRead more

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PRODUCT DISTRIBUTION AGREEMENT (Distributor)

Contract for the appointment by a supplier of a third party distributor, to market and (optionally) also support the supplier's goods or services, in a specific area in which the distributor has already established itself and has an existing customer base. It is drafted for the Distributor's benefit. Includes options for support and inclusion of dealers. Read moreRead more

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PRODUCT DISTRIBUTION AGREEMENT (Supplier)

Contract for the appointment by a supplier of a third party distributor, to market and (optionally) also support the supplier's goods or services, in a specific area (Territory) in which the distributor has already established itself and has an existing customer base. Includes options for support and inclusion of dealers. Read moreRead more

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RECIPROCAL SOFTWARE LICENCE AGREEMENT

This contract is aimed at parties to a co-operative development being each allowed to exploit the fruits of the development in their own way and in order to avoid subsequent disputes as to ownership of certain parts of the developed work. The parties grant to each other the reciprocal right to use that part of the developed work which is or may belong to that party so that each party can exploit the whole jointly developed product. Read moreRead more

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SALES AGREEMENT

This Contract is drafted for the Supplier's benefit, and provides for standard terms of sale of hardware and incorporates a license for the software supplied with the system in the absence of any separate license agreement Read moreRead more

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SHRINK-WRAP SOFTWARE LICENSE

This Contract is used to license high-volume, low cost off-the-shelf software distributed on a physical, tangible media such as on a CD or DVD (eg accompanying a program or game). Originally the full licence terms were visable through a clear plastic sealed package surrounding the software CD, DVD or other multi-media discs packaging. Now it is more commonplace for a prominent notice to be placed on the package (instead of the full licence terms) advising the user that “breaking the seal” (usually breaking through the actual notice) to open the package will be deemed acceptance of the full terms of the software license to be found elsewhere (usually contained outside the software package/box or on the software supplier’s website). Contract 2 also contains an example of a typical Notice as well as the full software license terms. For software licences for downloadable software which are “constructively” accepted in other ways see: click-wrap (Contract 61A) and browse-wrap (Contract 61B). Read moreRead more

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SOFTWARE AUTHORS HIRE AGREEMENT

Contract for the hire of temporary computer-skilled personnel often needed to provide cover during illness or vacation of permanent staff or to provide an added backup service during busy periods or if a specific program requires to be written or project to be carried out. Note: national employment legislation may be applicable Read moreRead more

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SOFTWARE CONVERSION AND DISTRIBUTION AGREEMENT

This contract provides for a situation in which software needs to be modified or "converted" to be compatible with particular equipment being supplied by a distributor. Read moreRead more

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SOFTWARE DEVELOPMENT AGREEMENT (Customer)

This Software Development Agreement Contract is used when a customer wants to “hire” a developer to develop customised software for it at a fixed price paid at the end of the development when the customer is satisfied with and has “accepted” the Software. This Contract covers the full cycle of software development from preparation of a specification, to its design and development and then to installation, testing, warranty and ongoing support. Also ensures copyright ownership stays with/is transferred to the customer, together with the source code and materials. Read moreRead more

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SOFTWARE DEVELOPMENT AGREEMENT (Developer)

This contract is used when a customer wants to “hire” a developer to develop customised software for it. This Contract covers the full cycle of software development from preparation of a specification, to its design and development and then to installation, testing, stage payments, warranty and ongoing support. Also ensures copyright ownership stays with the developer. Read moreRead more

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SOFTWARE DISTRIBUTION AGREEMENT (Owner)

Drafted for the benefit of the Software Owner (who may also be the developer) to appoint a distributor to market and distribute its pre-packaged software whilst retaining sufficient control and “feed back” of information from end-users, licensing and support options, territory and right to appoint dealers. Read moreRead more

SOFTWARE LICENCE AND SUPPORT AGREEMENT

This Contract joins the principal terms of a Software License and separate Software Support Agreement in one contract, the effect of which is to incorporate software support as an integral part of the software license. Read moreRead more

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SOFTWARE LICENSE

This Contract is a typical software license which an end-user customer receives, signs and returns in order to obtain a software program. Such a license tends to be used for higher value software not obtained ‘off-the-shelf’. The license should be returned signed prior to delivery of the software to ensure that the customer is bound by its terms - and in particular that the customer is aware that it is being granted only a right to “use” the software upon certain conditions (hence the use of a license) and will not “own” the software. For software licences which are “constructively” accepted (ie not signed in ‘wet ink’) see: shrink-wrap (Contract 2), click-wrap (Contract 61A) and browse-wrap (Contract 61B). Read moreRead more

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SOFTWARE ROYALTY AGREEMENT

Contract between a company/employer and an employee/developer to provide terms for software development which falls OUTSIDE the ordinary course of employment of that employee. (If such development is within the employee’s course of employment then it is owned by the employer in the majority of jurisdictions unless otherwise expressly agreed otherwise). In this contract the company/employer bears the cost of the development whether the employee works on its creation during his/her working hours. This agreement provides for the payment to the employee of an agreed percentage royalty based on the end user price/licence fee of each copy of the software sold/licensed by the company or any distributor or agent. Read moreRead more

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SOFTWARE SUPPORT AGREEMENT

This Contract provides the licensee with software support. It includes a variety of support services, an ‘Online Helpdesk’ (where the customer can message software problems and receive a reply via a support portal), “Online Remote access” (where support staff can link to the customer’s computer) and perhaps additional options such as a “Telephone Hotline” and, as last resort, “on-site” support if the customer is willing to pay for a premium support service. Customers with business critical software may also request further additional premium support options which it will pay extra charges for including having support services outside normal working hours including weekends or 24x7 and/or request on-site support as well as a ‘Guaranteed Response times’ (i.e. the contractor’s guarantee that support calls are responded to within X hours of a fault report/call being made – see Contract 3B). Read moreRead more

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