Software Development Agreement

A software development agreement is a legal document that establishes the rights, obligations, and extent of services that govern the relationship between a Software Developer and a Client. Instituting a written, legal contract between parties helps to prevent future disputes or, should a problem arise, provides a means to solve them. In a worst case scenario, if parties resort to litigation, a software development agreement ascertains the legal duties each is accountable for. IT professionals should always implement a software development agreement as an essential course of business when they are employed to develop and implement software and applications for a client.

One of the most hotly contested developer-client issues today involves intellectual property rights. Clients may assume that they automatically become the owners of any and all source code created during the life cycle of their project. However, according to copyright law, the instant computer code is written, it is protected by copyright and thereby becomes the property of the developer. Therefore, without a valid agreement that explicitly transfers ownership from developer to client, the developer is the default copyright holder. A software development agreement establishes the identity of the owner of this intellectual property before the issue arises.

The ContractEdge Custom Software Development Agreement was developed by attorneys who specialize in Information Technology law-legal professionals who are knowledgeable in the specifics and standards that govern the industry. This software development agreement clearly defines the scope of services developers have been engaged to perform and their rights and responsibilities. Additionally, the Custom Software Development Agreement contains provisions setting the terms of use and the developer's price and payment, gives developer's the right to collect payment for work performed if the client terminates the agreement before the project has been completed, establishes limits for warranties and guarantees, and sets a cap for total liability due.

Additional Topics
Consulting Contract
Employment Agreement
Software Contract
License Agreement
Legal Forms