| For the software professional, the industry can often | | | | you transfer software to someone else, not only are |
| be a quagmire of software license agreements, | | | | you transferring a physical good in the form of a CD |
| copyright issues, and a whole range of legal | | | | or Internet download, there are ideas and even words |
| complexities that can make you wonder if a law | | | | created which are owned by someone and can be |
| degree is necessary to develop software these days. | | | | protected by a software contract involving copyright. |
| However, that's why a software contract is so | | | | Taking this into account will help in resolving legal issues |
| important in helping to address some of these | | | | with software down the road. |
| complexities. While the international status of things like | | | | The range of software license agreements needs |
| software license agreements can make things more | | | | also to be taken into consideration, as well as what |
| difficult than necessary, a contract can still be your | | | | can be done to them after the initial development is |
| best solution for getting all the terms on the table and | | | | complete. A license agreement can be unique to one |
| creating an environment of mutual trust between | | | | individual or company. This is called custom or bespoke |
| buyer and seller. | | | | software. Getting a license agreement hammered out |
| In essence, software licensing exists in order to try and | | | | with one entity can make things smoother, but is |
| protect those who designed the software and | | | | obviously less common. Standard license agreements |
| distribute it. Obviously, if you designed something, you | | | | accompany software which you can buy off the shelf, |
| don't want one person to buy it and then make a copy | | | | so that every person who ends up using it ends up |
| for all their friends. Perhaps even more importantly, you | | | | signing onto the same software license agreements. |
| don't want that person to make a buck selling what is | | | | This leads to yet another distinction in this quagmire of |
| rightfully yours. Good software license agreements | | | | software contract issues. Shrink-wrap end user |
| protect the interests of software developers while | | | | agreements are those that users don't even get to |
| delivering high-end product to the end consumer. This is | | | | see until they open up the product. While common in |
| what a good software contract should be about. | | | | off-the-shelf software, they obviously limit the extent |
| Complicating the issue even further is the extent to | | | | to which the end user has any choice before making |
| which software can change hands from start to finish. | | | | purchase. Click-wrap end user agreements allow end |
| A developer can design the software. A distributor | | | | users to essentially read the agreement before |
| can sell it at various different levels, which can lead to | | | | accepting the product. Anyone who has downloaded |
| further distribution of the software, and so on. Each | | | | software on the Internet is familiar with these types of |
| step of the way creates the need to determine the | | | | software license agreements. |
| status of software license agreements: who owns | | | | Because the world of software licensing is so |
| what, and when they do own it, the terms of use they | | | | potentially complex, sorting out the terms before |
| accept with that ownership. A good software contract | | | | distribution can only help to protect your interests and |
| takes all these factors into consideration. | | | | even your profitability. The last thing you want is for |
| Another issue to consider with respect to software | | | | someone else to profit from your hard work and |
| license agreements is copyright, which gets into the | | | | creativity. It's why you should consider software |
| question of whether software is a good or a service, | | | | license agreements as an integral part of a good |
| and whether or not an intellectual property is | | | | software contract for your business. |
| associated with the software. In other words, when | | | | |