Client Testimonials
"We chose ‘Waterfront' to look after us back in 2004, well before we launched mysinglefriend.com.
The team handled IP and Trademark issues for us, held our hand through Web Compliance and prepared some complex T&C's for us - making them an essential part of our team when it came to our launch."
Amanda Barnes, Managing Director, Mysinglefriend Ltd
Protecting and Exploiting Software
Protecting and Exploiting Software - and overview of the contractual issues
(This document was first produced in 2006)
1. What rights do you own in software?
Copyright
- Arises automatically on creation of the software.
- Owned by individual developer OR, where developer is employed, the developer's employee.
Patents
- May occasionally be available in limited circumstances. N.B. rules as to what may be patented vary considerably depending on territory.
- Must apply for a patent.
- Substantial fees may be involved.
- Owned by successful applicant.
2. What software related contracts are there?
Assignment
- For use when ownership of the software code is to be transferred to the ‘Assignee'.
Licence
- For use when ‘Licensees' are to be allowed to use the software, but ownership.
-
Can
include restrictions on use, e.g.
- Number of users
- Territory
- Time period
- Purpose
- Can be exclusive, sole or non-exclusive.
- Services Agreement
- ASP
- OEM
- Support and Maintenance
- Escro
3. Sale vs. Licence
Assignment is the contractual mechanism for "selling" software
Sample Clause
Key features/issues
4. Licence vs. Service
5. Service/Facility
6. Other software related contracts
7. Generally applicable contractual issues