|This Software Distribution Agreement is drafted for the benefit of the Software Owner, and allows a software developer (the Software Owner) to distribute (usually pre-packaged) software through an independent third party Distributor.
In this particular Contract, the Distributor wishes to market a specialised high value software (i.e. not “off-the-shelf” software which would be covered by a “shrink-wrap” or “Web Wrap” software license), for use on specific Equipment which the Distributor also markets. The contract can also easily be adapted not to refer to specific equipment.
The Contract also allows the Software Owner to control the amount of technical information it wants to disclose to the Distributor and allows the Software Owner to impose (if required) minimum quantities of the Software which the Distributor is expected to distribute. Where the Distributor is allowed to reproduce the Software for redistribution, there is provision that each copy is serialised.
This Contract also includes support obligations upon the Distributor which may be removed if the Distributor is not supporting the Software. There are extensive Distributor Undertakings to ensure proper compliance and control of the relationship.
Finally, the Contract provides strict copyright provisions that ownership of such rights remains with the Software Owner.