Software development contracts

The core purpose of a software development agreement is to regulate the production of software. Very often, it will also contain a licence allowing the customer to use the software. Quite often, it will include maintenance and support services as well. 

We have a selection of different template software development agreements available for download:

All of these template documents include a licence clause.

We also draft bespoke development agreements for both software developers and their customers.

In addition to the matters dealt with in a software licence, a development agreement  will usually needs to cover most of the following matters.

Specification – Will the software be specified in detail at the outset, or will a rough specification be elaborated during the development process?

Development process – Different styles of development process (e.g. waterfall, spiral, agile) require different levels of developer-customer interaction, and therefore legal terms. Version control, consultations, and changes to both specification and pricing will usually need to be dealt with here.

Testing – What testing must the developer perform before delivering the software? What about the customer? What are the consequences of test failures?

Customer cooperation – What does the customer need to provide to the developer to ensure that the development process runs smoothly? Will customer default here have an impact upon billing?

Intellectual property – Will any copyright be assigned to the customer, or will it merely be licensed?

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