How A Software Developer Sabotaged His Own Business

By | Software Agreements, Software Lawyer | No Comments
software development agreement

How risky is your software development agreement? Will you get sued because of it?

One of the most common mistakes app developers make is to write their own software development agreement. This typically involves copying (stealing) from someone else’s copyrighted agreement and rewording the contract into what the developer mistakenly believes protects him.

I recently reviewed one of these do-it-yourself software agreements where the developer “borrowed” (stole) the agreement a large company uses to hire developers.

Guess what…the company’s software lawyers drafted that agreement to protect the company, not the developers.

Although there were lots of legal grenades in this developer’s patched-together contract (including who owned the code), probably the most devastating part was the non-compete clauses.

This developer was freelancing using an agreement where he agreed not to do projects for his clients’ competitors for three years. And he also agreed not to do any development projects within the geographic areas his clients did business.

If you were going to agree to not work for three years for clients in most parts of the English-speaking world, chances are you’re going to want to get paid a lot more than this developer was asking in his amateur contract.

Now, perhaps the software developer won’t get sued for his numerous violations of the app development contracts he’s signed. But would you bet your business on that type of senseless risk?

Instead of being a cheapskate by trying to save a few bucks on the front end, the developer should have retained an experienced software lawyer to prepare a custom software development agreement template that fit his business and protected his interests. And if something unique came up for a particular project, have the software attorney modify the development contract’s language to reflect that uniqueness while protecting the developer.

Software Development Agreement – Scope of Work

By | Software Agreements, Software Lawyer | No Comments

Software Development Agreement - Scope of WorkWhether you’re the developer or the client, the scope of work in your software development agreement is essential to performance by the other party. If the deal falls apart during performance, an app development lawsuit is time-consuming, stressful, and expensive.

Also know as a “statement of work,” your app development contract’s scope of work should be as detailed as possible as to what specifically is being done as part of the development.

For example, does the project include beta testing and revisions to the application prior to release? Many app development projects fall apart when the parties start fighting over whether something omitted from the contract is included…and whether or not the developer should be paid more if that work is performed.

Related Article – The Ugly Truth About Software Development

In addition, the software development agreement scope of work should specifically exclude what is not part of the scope of work that the other party might mistakenly believe is included.

For instance, it’s common for software maintenance and support to be a separate issue from app development. And the developer expects to be paid for such maintenance and support because time and expertise are involved.

On the other hand, the client may expect at least an initial period of support and maintenance to be included (e.g. 90 days) post-release as part of the development deal.

Whether it’s included or excluded is part of the negotiations that should occur between the parties. But the issue should be resolved from the outset instead of getting into an argument about it after the app is released.

A good software lawyer can prepare an app development contract that’s right for your project. And if you’re a developer, a template contract can be created for you to use in multiple deals with different clients as part of your software development business.

Software Development Protection: What You Need To Know

By | Software Agreements, Software Lawyer | No Comments

software development protectionWhether you’re a developer or a business that hires/contracts with developers, you’re concerned about software development protection from a legal standpoint. You want to make sure the project goes right, i.e. you get what you bargained for out of the deal.

If you’re a developer, you primarily want to get paid. If you’re the customer, you want the software to be delivered on time, and perform as promised.

Of course, both developer and client are concerned about their respective intellectual property rights (copyrights, licensing, etc.).

Software Development Protection Resources

Here are 11 articles covering various aspects of software development legal issues you’ll want to check out before entering into software agreements.

  1. 4 Keys To Successful Software Development Agreements
  2. Common Belief About Software Development Is Actually A Total Myth
  3. How To Modify A Software Development Agreement
  4. Mobile App Development Contract: Why It’s Important To Have One
  5. Software Developer Nondisclosure Agreement: 5 Issues to Cover
  6. Software Development Agreement – Who Really Owns The Intellectual Property?
  7. Software Development Master Services Agreement: When To Use One
  8. Software Development: Who Really Owns A New App?
  9. Software Development Work Orders: What You Need To Know
  10. Software Development Agreement Template: Save Time, Money & Protect Yourself
  11. The Ugly Truth About Software Development

Where To Get Help With Software Development Legal Protection

If you need legal help with software development agreements or other software contracts, you’ll want to schedule a phone consultation with Software Lawyer Mike Young today.

How To License An App: 17 Software Application Licensing Resources

By | Software Agreements, Software Lawyer | No Comments

how to license an app - software licensingDo you want to learn how to license an app? Did you know that there are different types of software licenses?

Because there isn’t a one-size-fits-all license for all software applications or intended uses for the apps.

For example, a software-as-a-service (SaaS) license will be different than a mobile app license. Similarly, a software beta testing license will contain different terms and conditions than an end user license agreement (EULA) for a released application.

17 Resources To Help You Learn How To License An App

  1. What Is A Software Agreement?
  2. Software Contract: How To Pick The Right One
  3. 4 Things You Should Know About SaaS Agreements
  4. Can Your Software Licensor Compete Against You?
  5. Do You Make This Software Beta Testing Mistake?
  6. EULA: 7 Key Parts Of A Software End User License Agreement
  7. How To Protect Yourself With A Mobile App License Agreement
  8. How To Use A Software Evaluation Agreement
  9. Is Your Software Evaluation License Giving Away The Farm?
  10. SaaS License Agreement Is Not The Same As A Downloadable App’s EULA
  11. SaaS License Agreement: Software As A Service FAQs
  12. Software Licensing Agreements
  13. Software Licensing Agreement Legal Issues Involving Dishonesty
  14. Software Resale License Agreement: What You Need To Know
  15. 10 Keys To A Successful International Software Distribution Agreement
  16. What to Include in a Software Beta Testing Agreement
  17. Licensing Your Software On Your Own Terms Through A Click-Wrap Software License Agreement

Do You Need Help With Software Licensing?

If you want an app license or other software agreements, set up a phone consultation with Software Lawyer Mike Young today. He’s the author of “Software Licensing Agreements – What You Need To Know About Software Licenses.”

Software Licensing: Why Is Buying Software So Difficult?

By | Software Agreements, Software Lawyer | No Comments

software licensing agreementIn a recent Forbes’ article, Adrian Bridgwater discusses why purchasing software applications is so difficult. In a nutshell, it’s the software licensing. According to Bridgwater,

“74 percent of software producers utilize subscription models for some or all of their products, compared to 65 percent utilizing perpetual licenses, 59 percent leveraging usage-based…and 47 percent using outcome/value-based models.”

As a practical matter, most startup software companies don’t really have a clue about their options when it comes to software licenses. They may understand the big picture (e.g. SaaS v. desktop application) but rely upon incomplete information when deciding how to monetize their applications. In short, this means picking a less profitable licensing model more often than not.

Of course, software customers (business and consumer) typically purchase software licenses with even less knowledge than that possessed by the companies selling them. And this frequently leads to the customer paying too much for the wrong type of license.

If you want help with software licensing contracts or other application agreements (e.g. software development agreement), set up a phone consultation Software Lawyer Mike Young today.