The main type of IT agreements that most businesses may encounter are:
- software licences;
- software development agreements; and
- website development agreements.
They are needed to set out the rights that the parties have in relation to the software or website.
Development agreements may be for a simple “app” build where the requirements of the buyer are relatively easy to understand and deliver, or they may be very complex requiring the software developer to understand its customer’s business requirements and develop a system of integrated third party owned software to meet those requirements.
Software Licences and Software Development Agreements
For most businesses, software licences are generally provided on a “take-it-or-leave-it” basis. That is, if you do not agree to the terms of the licence, your business will not be provided with the software. This is usually for standard applications such as Microsoft Office, Adobe and “commercial-off-the-shelf” software packages.
However, industry specific software vendors may be more flexible and may allow some room for negotiation on the terms of the licence, service and support levels to maintain the software once purchased.
Whether you’re a software development business distributing software for the masses or a bespoke developer of software, we can assist you to develop a sensible pro-forma software licence for the safe exploitation of your software. Similarly, if you are considering spending a large amount on a software system or solution, we can help your business avoid common pitfalls in IT procurement.
The recent advent of “cloud” based services, where your business does not load the software onto its computer system, but instead allows your business to access the software and data on-line has dramatically changed the nature of software procurement and use. Despite this, many software agreements continue to be done on the basis of an IP Licence Agreement rather than Access or Subscription Agreement – with little regard to the changes that “cloud” computing has had on the legal underpinnings of the arrangement.
Website Development Agreements
Website development agreements are also a very common IT agreement. However, agreements setting out the expectations, rights and obligations of the developer and their customer are rarely entered into, for the simple reason that the legal cost of the website development agreement is disproportionate to the cost of the website. When a dispute arises (as it often does) all that exists is a couple of emails and two unhappy businesses.
For ease of use we have packaged up our website development agreements as a paid download at a price which includes two hours of professional time. If you would like to purchase any of these documents online, please select the appropriate document. If you are unsure what document you need, please call us. We’ll help you.
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"Marshall IP Group has been assisting SAI Global with its trade mark, IT and other intellectual property agreements for over 4 years now. They have demonstrated a good understanding of our businesses and services and this commercial understanding is applied to the legal advice and assistance they have provided. They have shown expertise beyond their size and (regional) location and an ability to stand their ground against their City counterparts: you get the quality of a city law firm partner but you are not charged the big city law firm rates. They are pro-active, commercially sensible and this has given me, as a busy in-house Corporate Counsel and Company Secretary, peace of mind in relation to SAI Global’s national and international IP Portfolio and other legal needs. "Read More >
"Marshall IP Group has been a supporter of the iAccelerate from its very beginnings. iAccelerate is a state of the art incubator for start-ups and early stage technology businesses located at the University of Wollongong’s Innovation Campus. Marshall IP Group’s CEO, Tim Marshall, has provided thorough, thoughtful and insightful contributions to iAccelerate providing informative seminars, workshops and advice for many of iAccelerate’s companies. Marshall IP Group demonstrates a commitment to the innovation agenda for Australia and the Illawarra region. "Read More >
"Marshall Legal helped us out with a particularly nasty allegation of IP rights infringement. They quickly got to the nub of the problem and navigated the complex regime of trade marks and copyright law to diffuse the situation. Not only were the allegations withdrawn but we got our costs back. I would recommend Marshall Legal; not only did they get us a great result, they put our minds at ease throughout the proceeding."Read More >
"I am delighted to recommend Tim Marshall and the team at Marshall IP Group for all aspects of intellectual property and technology law. Marshall IP Group fills an important space in the legal market in regional Australia and Australian capital cities. The businesses that I am heavily involved in, RMB Lawyers and Unison Outsourcing, have both enjoyed excellent advice and customer service from Marshall IP Group in relation to trade marking our businesses and protecting our brand."Read More >
"Nobody likes to have to fight a court case and especially one against an internationally based company, but that was what we found ourselves facing in 2012. We were so lucky we found Tim Marshall of Marshall Legal. We highly recommend his services to anyone who wants a good business lawyer that gives good solid advice on all matters, including Intellectual property matters, trademarks and Patent attorneys who have proved invaluable to our business"Read More >
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