The Software Development and License Agreement is essential for businesses engaging in custom software development projects in Australia. This document is used when a client requires bespoke software development services and subsequent licensing of the developed software. It combines development specifications, project management requirements, and licensing terms in a single comprehensive agreement. The document addresses key aspects including intellectual property rights, acceptance testing, warranties, support services, and payment terms, while ensuring compliance with Australian legislation including the Copyright Act 1968, Privacy Act 1988, and Australian Consumer Law. It's particularly valuable for complex software development projects where clear delineation of responsibilities, deliverables, and usage rights is crucial for both parties.
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1. Parties: Identification of the parties entering into the agreement, including registered business names, addresses, and ABNs
2. Background: Context of the agreement, including the developer's expertise and the client's requirements
3. Definitions: Detailed definitions of technical and legal terms used throughout the agreement
4. Scope of Development Services: Detailed description of the software development services to be provided
5. Development Process: Outline of development methodology, milestones, and delivery stages
6. Acceptance Testing: Procedures for testing deliverables and acceptance criteria
7. License Grant: Terms of the software license, including scope, restrictions, and permitted uses
8. Intellectual Property Rights: Ownership and assignment of IP rights in the developed software
9. Payment Terms: Development fees, license fees, payment schedule, and payment methods
10. Warranties and Representations: Warranties regarding software performance, compliance with specifications, and non-infringement
11. Support and Maintenance: Terms for ongoing support, updates, and maintenance services
12. Confidentiality: Protection of confidential information exchanged during development and operation
13. Term and Termination: Duration of agreement, renewal terms, and termination rights
14. Liability and Indemnification: Limitations of liability and indemnification obligations
15. General Provisions: Standard legal provisions including governing law, dispute resolution, and notices
1. Source Code Escrow: Terms for source code escrow arrangements, used when client requires access to source code under specific conditions
2. Third-Party Components: Details of third-party software components and associated licenses, needed when third-party software is incorporated
3. Data Protection and Privacy: Specific provisions for handling personal data, required when software processes personal information
4. Change Management: Procedures for handling change requests, useful for complex development projects
5. Service Level Agreement: Detailed performance metrics and service levels, needed for business-critical applications
6. Disaster Recovery: Disaster recovery and business continuity provisions, important for mission-critical software
7. Export Controls: Export compliance provisions, necessary for international distribution
8. Training and Documentation: Terms for user training and documentation delivery, important for complex software systems
1. Schedule 1 - Software Specifications: Detailed technical specifications of the software to be developed
2. Schedule 2 - Development Timeline: Detailed project timeline including milestones and deliverables
3. Schedule 3 - Acceptance Test Criteria: Specific criteria and procedures for acceptance testing
4. Schedule 4 - Fee Schedule: Detailed breakdown of development and license fees
5. Schedule 5 - Service Level Requirements: Detailed service level specifications and metrics
6. Schedule 6 - Support and Maintenance Services: Detailed description of support and maintenance services
7. Appendix A - Technical Requirements: Detailed technical requirements and architecture specifications
8. Appendix B - Security Requirements: Security standards and requirements for the software
Authors
Relevant legal definitions
Clauses
Relevant Industries
Information Technology
Financial Services
Healthcare
Retail
Manufacturing
Professional Services
Education
Government
Telecommunications
E-commerce
Media and Entertainment
Insurance
Relevant Teams
Legal
Information Technology
Procurement
Risk and Compliance
Software Development
Project Management
Information Security
Commercial
Digital Operations
Vendor Management
Relevant Roles
Chief Technology Officer
IT Director
Software Development Manager
Legal Counsel
Procurement Manager
Project Manager
Contract Manager
Information Security Officer
Technology Risk Manager
Commercial Director
Head of Digital
Solutions Architect
Technical Lead
Chief Information Officer
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