Software Customization Agreement

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When to Use This Agreement
This Agreement governs the relationship between a Software Developer and a Client. Use this Agreement whenever you are hired by a client to customize existing software.

Statement of Work Template Included
A Statement of Work template is included as Exhibit A to help you clearly define the scope of your engagement and your rights and responsibilities in providing your services.

What It Protects
The Software Customization Agreement enables you to clearly define your scope of work when providing software customization services to your client. Of great importance, it calls upon the client to warrant that it has the necessary licensing rights to permit you to modify the software. What’s more, it clarifies all ownerships of intellectual property rights and specifies any information that must be kept confidential by either party to the agreement. The Agreement specifies price and payment terms and limits your liability for damages resulting from your work to an amount not to exceed your fee.

Agreement Provisions Included
  1. Scope of Services
  2. Price and Payment Terms
  3. Term and Termination
  4. Ownership of Intellectual Property
  5. Confidential Information
  6. Warranty and Disclaimer as to the Work
  7. Representation and Warranty as to License Rights
  8. Limitation of Liability
  9. Relation of Parties
  10. Employee Solicitation/Hiring
  11. Non-assignment
  12. Arbitration
  13. Attorneys' Fees
  14. Severability
  15. Force Majeure
  16. Waiver and Modification
  17. Entire Agreement
Exhibit A: Statement of Work
  1. Preamble
  2. Project Background
  3. Scope
  4. Key Tasks and Milestones
  5. Project Deliverables
  6. Time and Cost Estimates
  7. Price and Payment
  8. Invoices
  9. Payment
  10. Project Organization and Personnel Requirements
  11. Supporting Documentation
  12. Expenses
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