Legal Question in Business Law in California

what kind of contracts for software development companies use ?

i need what kind of contracts it would need for software development company ?

1.suppose i am gettig software project(contract)? what kind of contracts/documents i have to get to protect my payment & project- by avoiding project withdraw in the middle by that company ?

2.suppose what kind of agreements or contract i have get if i am tieuping/joint venture with developer in other country.?

3. what's for MOU ?


Asked on 4/16/06, 9:19 pm

4 Answers from Attorneys

Kuldeep Mansukhani Kuldeep Mansukhani &Associates;

Re: what kind of contracts for software development companies use ?

it is advisable to sign a memorandum of understanding clearly spelling out the rights , the liabilities and fees for specific assignments and also availability of information to carry out those assignments.This memorandum of understanding is enforcable at law

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Answered on 4/18/06, 10:20 am
Karnika Seth Seth Associates

Re: what kind of contracts for software development companies use ?

The kind of documents required to be executed entirely depends on the nature of the project/assignment and intended commercial arrangement or business relationship between parties. In general, Confidentiality agreement and MOU are executed first followed by the specific contracts i.e may be a joint venture,manufacture supply agreement,software development agreement,etc. You need to dicuss the nature of your contract to receive expert advice on protecting your legal interests and the exact documents required to be drafted and executed.For further discussion,you may contact us at Seth Associates,Advocates & Legal Consultants ,B-10 Sector 40,NOIDA,NCR-201301 or e-mail at [email protected] .

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Answered on 4/17/06, 7:29 am
Jayesh Desai Jayesh Desai

Re: what kind of contracts for software development companies use ?

Details which you have provided are insufficient. One needs to know, who will own intellectual rights, what are your obligations to your clients, and what are your clients' obligations to you, what are your rights towards each other etc., along with scope of work, or Functional Specifications, if that is finalised. These details would throw light on exact nature of documentation needed.

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Answered on 4/17/06, 7:56 am
Terry A. Nelson Nelson & Lawless

Re: what kind of contracts for software development companies use ?

What kind? Legally binding and enforceable ones that establish the terms and limits of the relationship between the parties, the rights the respective parties have to the products developed, confidentiality, patent, trademark, copyright, licensing, distribution, ownership, taxes, corporate formation, employment rights, termination, etc.

Unless you are trained and experienced in legal matters, there is no way you can adequately handle the contracts and negotiations required to protect you. That is why companies hire attorneys to do these things. It is simply a cost of doing business. Feel free to contact me if interested in doing this right.

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Answered on 4/17/06, 2:14 pm


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