Software Agreements

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Software agreements drafted and negotiated by lawyers who have written code, covering licenses, development contracts, and SaaS terms that protect your IP, manage liability, and keep open source from becoming a hidden problem.

Software contracts hinge on details that are easy to get wrong: what rights actually transfer, who owns the code, where liability lands, and which open source obligations quietly tag along. Our attorneys have shipped software, so we draft and negotiate these agreements with a real grasp of the technology, protecting your interests whether you are the vendor selling or the customer buying.

License Structures

We structure licenses around how the software is really used and sold: scope of use, named or concurrent users, hosting and SaaS rights, modification permissions, and distribution limits. Per-seat, usage-based, and enterprise models each call for different terms, and we tailor the grant to fit yours rather than dropping in a one-size template that leaves gaps or gives away more than you intended.

Representing the Vendor

When you sell software, you need terms that protect your IP and limit your liability while still being easy for customers to say yes to. We draft master agreements, order forms, and enterprise license structures that hold your ownership, cap your exposure, and set clear support and warranty boundaries. The result is a contract framework that closes deals instead of bogging every sale down in redlines.

Representing the Customer

When you license software your business depends on, the fine print decides what happens when things go wrong. We push for license scope that covers your real use, meaningful performance warranties, IP indemnification, source code escrow where the software is critical, and termination and data-return rights that protect you. You get a deal that still works if the vendor falters or the relationship ends.

Open Source Compliance

Open source is everywhere in modern software, and the wrong license in the wrong place can force disclosure of your proprietary code. We assess your open source usage, explain the obligations attached to licenses like GPL and Apache, and advise on what is safe to incorporate into a commercial product. Having written code on these stacks, we know where the real traps are, not just the ones in the license text.

Frequently asked questions

Scope should match how you'll use the software, how many users, which locations, for what purposes, and whether you'll modify or redistribute it. Get enough rights to cover your real use, but don't pay for scope you'll never touch. For example, a redistribution right you don't need just adds cost and obligations.

Escrow holds a copy of the vendor's source code with a neutral third party that releases it to you if certain triggers hit, usually the vendor's bankruptcy, discontinuation of the product, or material breach. It matters most for software your business can't function without. If the vendor disappears, escrow is what lets you keep the system running or maintain it yourself.

Require the vendor to warrant that the software doesn't infringe third-party rights and that it owns or has the rights to license everything it's giving you. Then back those warranties with indemnification, so the vendor, not you, covers the cost if a third party sues over the code. A warranty without indemnification leaves you holding the bill.

Spell out the acceptance criteria, the testing period, and what happens if the software fails, such as a right to a fix, a refund, or termination. Don't agree to accept and pay for software before you've confirmed it works as promised. Clear criteria prevent the common fight over whether the product met spec.

Cover updates, upgrades, bug fixes, and support response levels, and be clear about what's included in the license fee versus what costs extra. It's common for vendors to fold basic fixes into the fee but charge separately for major upgrades or priority support. Pin that down so you're not surprised by add-on charges later.

Some open source licenses require you to share your modifications or even disclose your own source code if you distribute software that includes those components. Understand each component's license before you incorporate it, because a single copyleft library can put obligations on code you intended to keep proprietary. As former engineers, we look at the actual dependencies, not just the contract.

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