End User Software Licensing
New York City intellectual property lawyer Alan E. Katz protects the interests of business software licensees who are working with software developers on the creation of proprietary software products, or customization of software products. His client list includes insurance companies, not for profit organizations, and large software development firms.
Contact the law firm of GREENFIELD STEIN & SENIOR, LLP, to learn more about how we can help you grow your business while protecting your financial investment in business software.
Software License and Implementation Agreements
The purpose of software license and implementation agreements, from the end user perspective, is to:
- Establish clear, shared expectations between the developer and the end user regarding the scope of development, methodology for identifying and agreeing upon system specifications, setting a realistic schedule of milestone deliverables and acceptance testing, and the scope of services regarding implementation, integration with legacy systems, data transfer, user training and maintenance
- Facilitate effective development, implementation, integration, testing and acceptance and post "go live" maintenance support
- Hold the developer accountable for delays in development and implementation, while warranting that the product will work according to specifications, and for post-acceptance maintenance, support and upgrades.
- Indemnification of the end user from IP infringement claims
- Protect the end user's financial investment by establishing release events to ensure access to source code held in escrow should the developer fail to complete its implementation contract or to provide maintenance and support services
Establish Expectations
Well drafted software development contracts include comprehensive product specifications, as well as timeline for delivery, testing, and implementation.
Facilitate Development and Implementation
Defining roles and assigning responsibility for stages of the process, identifying milestone deliverables and establishing deadlines and per diem liquidated damages for failing to meet same, can provide the structure for a successful software development process.
Hold the Developer Accountable
Payment schedules, testing and acceptance procedures, and developer warranties are all mechanisms for holding the software developer accountable for timely development and implementation, and insuring a finished product that meets your specifications and is delivered on time.
Limit Your Liability
The development of proprietary software is extremely expensive, and often critical to your business. While it's understandable that developers wish to protect their intellectual property interests, end users must also be protected and indemnified against IP infringement claims.
Protect Your Financial Interests
Your proprietary software is a considerable investment, vital to the success of your business. It's important to consider risk management. End users often seek source code escrow agreements to establish release events that allow them to access the source code in the event certain conditions are met. In certain circumstances, it may be appropriate for end users to acquire intellectual property rights to all or a portion of the software.
At GREENFIELD STEIN & SENIOR, LLP, we draft software development contracts, end user software licensing agreements, implementation agreements, and escrow agreements that protect our client’s financial interests in the U.S. and abroad.Contact our midtown Manhattan law office to speak with a New York City intellectual property attorney who understands your issues.
