Software Agreements and Licensing

Software agreements must address a number of rights and obligations.


Software agreements come in many shapes and sizes.  The right agreement and terms for you depend upon the nature of the technology and the type of relationship you want to establish.  Among the agreements we regularly handle are:

Customer Agreements

Whether your software is on-premises or cloud-based SaaS, your agreements with users should address issues such as data privacy, data transfer, storage, collection and usage, liability, usage rules, IP ownership of information/data, dispute resolution, service levels, and potentially other issues depending on the nature of the technology. These agreements can be in the form of an end-user license agreement (or EULA), or can be in the form of online master services agreements or terms of use, and, depending upon the type of service, could also be combined with order forms or quote documents.  Specifying what your customer can and cannot do with your software (and what you can do with the data you receive) requires careful consideration. We can help you navigate through these issues and consider the legal ramifications.

Distribution and Reseller Agreements

Establishing appropriate distribution channels can be important to any software business.  We can help you develop relationships to rapidly support growth and product reach, while retaining control over your brand.  These contracts often address, among other things, marketing, end-user terms, distribution territory, and support.

Professional Services Agreements

Professional services can be a critical component of technology businesses, and can be important to the proper implementation and ongoing functionality of your software.  We can help you address many common concerns when providing services to customers, such as warranties, IP ownership, and employee poaching.

Custom Development Agreements

Customized technology development can involve complex issues. We can help you navigate these issues, which may include whether the developer can replicate the technology for other customers, how and when the customer can access, sell, or distribute the underlying code, and how the custom technology can be disclosed and used.

Open Source

Inclusion of open source libraries in proprietary products have the potential to create legal pitfalls.  We can help you avoid these pitfalls by developing an internal open source policy, and counseling as to which libraries you may wish to avoid.