Software Development Agreements

Our software attorneys are capable of developing and negotiating software development contracts that protect the interests of clients and software developers alike. These development contracts often contain terms outlining the intellectual property (IP) ownership for these respective parties. A software development agreement is an intelligent way to head off disputes that might arise down the road, and it can help businesses avoid unnecessary litigation.

Developing a Custom Software Development Agreement

Unfortunately, many businesses may not have the internal capability or the foresight to devote resources toward protecting their software. Even after a developer generates its final product for a client, the developer may be able to deliver the product to other clients in similar fields, if a software development agreement is not in place. Because development contracts might differ greatly depending on the business involved, it is important to hire a software attorney that can create a customized software agreement based on each client’s needs. These agreements can cover terms such as a transfer of copyright from the developer to the client, and they can dictate a specific type of procedure for resolving disputes, such as arbitration or mediation. Software agreements can also address the “work made for hire” doctrine.

Negotiating Software Development Agreements

Software developers may want to agree to terms regarding the specific type of software being developed for their client. They may also want different payment terms such as a time and materials agreement or a fixed-price agreement. Such terms might prevent a nonperformance claim after the developer completes work on the software. On the other hand, clients may want a warranty of specific performance regarding the capabilities of the software. We can help both sides come to an agreement that will satisfy their individual development agreement needs.