Many standard contracts to cover initial confidential discussions to contracting with a developer/contractor/licensor/distributor to develop, distribute, support, test, evaluate, license (both to end-users as well as distributors); also contracts covering protection of copyright material in hard copy, online, on websites or when publishing; escrow, protection against infringement and actions when infringed and assignment of copyright in the software when selling.

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

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

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

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

SYSTEM 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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