This section defines your agreements on the time and cost of completing the project. In other words, it describes the contract template you have chosen. Indicate hourly rates, development phases, milestones and their deadlines. This provision is an assignment of the installed software and does not explicitly contain source code, which raises the question of how the customer will wait for the software if the developer is no longer available to support the software. A lawyer can discuss whether a source code trust agreement is advisable and the specific terms of such an agreement. Let`s go vet the contract and see what software development specific points you should include. 11.8 Counter-parts. The Contracting Parties may execute this Agreement in several counterparties, each representing an original vis-à-vis the Party it has signed and which together form an Agreement. The signatures of all Contracting Parties shall not appear on the same object. The service of consideration signed by fax, e-mail or other electronic transmission containing a copy of the signature of the sending party is as effective as the signature and personal service of the equivalent.
The agreement will (hopefully) culminate in either the developer transferring ownership of the developed software to the customer – including all copyright and patent rights in the software – or the developer grants the customer a non-exclusive license to use the software. For example, the customer may have an idea for software to improve its own internal systems, but the customer has no intention or ability to produce and market the software. If the customer does not care whether other companies, in the customer`s industry or elsewhere, can use the software, it may make more sense for the customer to simply obtain a non-exclusive license from the developer, which allows the developer to freely market the developed software. 4.1 Fees and Charges. Customer pays the Developer a fixed fee for the Work according to the payment plan described in Appendix “B” and included by reference (“Payment Plan”). To start the work, a reduction of ___ Percentage (____%) of the total amount is required. All payments made under this agreement must be made in the currency of the United States. Where travel is required to perform the work, compensation includes reimbursement of all reasonable and necessary travel, living and expense expenses incurred by the developer in performing the work. The developer will request the customer`s permission for break-in trips before such trips are incurred. Customer shall reimburse the Developer for any costs of development software or commercial software libraries that the Developer deems necessary for the completion of the Work, subject to Customer`s authorization. 11.4 Comprehensive Agreement; Amendment….