Nowadays, anyone who owns a gadget or any technological device can download and use a software created by developers and authors. With the ever-enhancing techniques and abilities of today’s generation, patent holders and software developers update their strategies to protect their software from being changed, copied, and even claimed by other entities. This is why various license agreements and contracts are created for the users of these software applications and systems wherein the most common is known as a software agreement contract form.
A software agreement contract form is essential for licensing and protecting a software application as well as the rights of the software author or owner. It is important to have the agreement contract form due to the varieties of benefits and advantages that it provides to the parties involved. Firstly, the contract allows the author to retain his ownership and secure that the purchaser will have limited access or capabilities in manipulating the software’s codes which will then protect the software from abusive users.
Secondly, disclaimers and liability concerns are aided by the contract. In the event that there is an outside party who claims to be the owner or the developer of the software, then the author will be able to show a proof or a piece of legal evidence for the authorities regarding the falsification of another party’s claims. On the other hand, the owner will be held with less or limited liability if he indicates a liability clause on the contract form. Lastly, warranties and other software-related issues are also addressed on the form to inform the user about the software that he purchased or acquired. You may also see contract forms in PDF.
Systems and application software are two types of software that are evident in this generation of technology. However, regardless of the type, protecting the author and the software itself must be the primary priority of any company, which is why it is significant to acknowledge the varieties of software agreement contract forms that can be used for clients and software users:
1. Software Acquisition Agreement Contract Form – When acquiring a software, this software acquisition agreement contract form is significant to be signed by the purchaser and the patent holder or the author. The form has similar sections and clauses to that of a legal agreement; however, it has an area where the software patent details are the main subject. Additionally, the form also has a section that is intended to determine what happens if there are existing agreements and contracts between the purchaser and the author regarding the software purchase.
2. Software Development Agreement Contract Form – Compared to other software agreement contract forms, this document is only used by a software developer whenever there is a project assigned for him to develop and create a software system or application. The document also has an identical purpose to that of a job order, however, in the form of a contract. With the usage of this type of software agreement contract form, the developer will be able to inform the client about his expectations in developing the software, his responsibilities, the regulations to be followed regarding the change of plans and orders, as well as the specific group who will be tasked to work with him throughout the development process. You may also see sample contractor contract forms.
Indemnification obligations and a confidentiality agreement are also included in the contract along with severability clauses, waiver, and hold-harmless agreement statements. A scope of work that describes the details of the client’s request regarding the software development program is also necessary to be enclosed with the agreement so to inform the developer of what he must do and what the output of the software must be.
3. Software License Agreement Contract Form – This is the most common among all other software agreement contract forms. This document is intended to be provided to a purchaser for him to have a license for using the software. Contents of this form include a grant of license section, a consideration of near allotted for the payments and the fees to be attached to the form, as well as ownership and proprietary rights. Termination clauses must also be detailed in the contract to ensure that the license-holder will no longer be using any of the licensed programs of the software once a termination procedure is executed. You may also see payment contract forms.
Export regulations and patent copyright indemnity is also a necessity in the contract, which helps in securing that the licensed software program will not be exported to certain countries without the permission of the author and the software developer. For the exhibits to be enclosed with the contract, the most significant is the list of licensed programs included in the software and the fees or payments that accompany the programs that are licensed for the purchaser. You might also be interested in license agreement forms.
4. Software Maintenance Agreement Contract Form – The responsibilities of a developer and a purchaser does not end after a software program has been purchased since there are tons of maintenance obligations and procedures to mandate regularly in order to keep the software running properly. With this, a software maintenance agreement contract form is used by an organization and a developer for their clients to be aware of the specific maintenance procedures that they must conduct. The form indicates the maintenance services, fees, remedies, and a recipient to support the clause that is significant for informing the purchaser that the provider will not be liable for any maintenance services unless called out and requested.
5. Software Support Services Agreement Contract Form – In the event that a purchaser will use the software for his organization or institution, then he can file a request form regarding the institution’s support for the software if an evident benefit can be provided when the software is used. This is when a software support services agreement contract form is necessary to be created by the purchaser to enlist the roles and the obligations of the group in providing sufficient support for the software’s maintenance and needed manpower in running the program. The compensation and the expenses associated with the execution of the agreement and plans should also be included in the form.
With the aforementioned software agreement contract forms, developers will be able to have a better relationship with their clients and purchasers as well as promote ample understanding towards maintaining and assuring that a software system or application will be used based on its capabilities. You may also see transportation contract forms.