White SW Computer Law
|Intellectual Property, Information Technology & Telecommunications Lawyers|
Melbourne Office - PO Box 452, COLLINS STREET WEST Victoria 8007 Australia
Sydney Office - GPO Box 2506, SYDNEY New South Wales 2001 Australia
Telephone: Melbourne Office - +61 3 9629 3709 Sydney Office - +61 2 9233 2600
Facsimile: Melbourne Office - +61 3 9629 3217 Sydney Office - +61 2 9233 3044
Email: firstname.lastname@example.org Internet: http://www.computerlaw.com.au
When a customer requires software on a non-exclusive basis, the supply agreement will normally be in the form of a software licence. The terms of the licence should be carefully considered and preferably checked by a lawyer.
As with all agreements, there should be adequate definitions of important terms. These should include points such as:
There is no legal requirement for a software licence to be in writing, but if it is not, there can easily be a dispute as to what restrictions apply.
An Escrow agreement regulates the storage of and access to source code.
It is a means by which the customer can guarantee access to the source code even if circumstances change which would normally make access difficult, for example if the supplier ceases trading.
Some issues to consider include:
This article is a guide only and should not be used as a substitute for proper legal advice, readers should make their own enquires and seek appropriate legal advice.