Development Agreement

This agreement is executed when software development services are being ordered. The agreements vary in length and content depending on the complexity of the project. Commonly negotiated provisions are:


     Whether a developer is to create a new code or customize existing software

     Which party is to own intellectual property rights to the software

     Whether the customer is to receive the software's source code

     Allocation of risk and liability

     The quality of the services and deliverables

     The extent of the representations and warranties in regards to the viruses and other malicious code as well as non-infringement of third-party rights, including IP rights

     Fees and expenses

     Timeline for delivery of the work product

     Incorporation of open source and other third party software

     Testing and acceptance conditions


These and other relevant issues should be addressed as early as possible in the negotiation process.

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