Software Licensing

Customer Negotiations: It is often the case that companies contract out developers to produce specific software. When it comes to reaching an agreement between both parties regarding pricing, oversight, timing, and etcetera, it can be a tedious process. You can rely on Bold IP to help mediate the negotiation process and maximize the benefits and satisfaction between both the Customer and the Developer.

Software Development Agreement: A Software Development Agreement is a contract between a customer and a software developer. With a Software Development Agreement, the customer contracts a Software Developer to produce a specified piece of software. Bold IP will ensure that the terms of the contract are clearly stated to both the Customer and Developer. Have no doubt when it comes to assigning ownership, copyright, and patent rights, let us handle your Software Developer Agreement!

Open Source Licensing: Making a piece of software open source  is more than just releasing the source code to the public. Any software developer that would like to make their software available for free-use, modifications, and sharing, must have the proper Open Source Licenses. A range of approved Open Source Licenses are available to meet your Open Source Licensing needs, and Bold IP is prepared to help you with the process.

Revenue Recognition and Sales Tax: Since Software is a product created with the intention of allowing consumers, for the most part, to use it directly, it is important to recognize the Revenue and Sales Tax implications when it comes to Software Licensing. Careful drafting of the language in your agreements will be a factor in your company’s ability to  enforce certain rights regarding collecting Revenue and Sales Tax. Bold IP can help you cover all financial implications of your Software Licensing, including but not limited to: Acceptance, Warranties and Refund Rights, Future Deliverables, Signed Agreements, and Fee Collectability.

Software Copyright: Bold IP will help you ensure that your Software Copyright is in a position to provide your company with the broadest scope of protection. Although registration is not required by the U.S. for your Software to obtain and retain Copyright rights, you may be in a troubled position should you face any form of Copyright Litigation. Give yourself the most leverage in the courtroom. Hire us and we will register your Copyright.

EULA: You have built your software, and you are ready to release it to the general public. Have you drafted an End User License Agreement (EULA) yet? An EULA is an agreement between the developer and the user of the software. With the EULA, the software consumer (end user) agrees to to pay for the privilege to use the software and comply with any restrictions set by the developer. As a developer, you have the right to determine how your software is used. A EULA will define the relationship between your product and the end user. Before distributing your software to the market, be sure to consult with us about drafting an EULA.

Enterprise Agreements: For those larger software purchases, Bold IP can also help with Enterprise Agreements. If your customer is planning on purchasing your software on large scale for their enterprise, provide them with that extra incentive to start and continue business with you. You may want to provide flexibility to your customer, discounted or predictable pricing, and/or ease of administration. All of these factors should be taken into consideration when your customer is planning on a large license purchase of your software. Define these terms in an Enterprise Agreement and keep both you, and your enterprise customers, satisfied.

SAAS Privacy: Do you host and offer your software as a service that users can access through the internet/cloud-based server? With a larger database of users, Software As A Service (SAAS) can have a number of privacy issues, including but not limited to: collection and abuse of Personally Identifiable Information (PII) or Non-PII, which is data that is not linkable to an individual user, but to the device he/she is using. Consult with our Software IP experts and ensure that your software has a clear privacy policy drafted, and is in the right position to protect your users’ privacy.

Software Litigation: Software Intellectual Property can be some of the more complex areas of IP. Do you believe that another party is currently infringing the Trademark, Copyright, or Patent rights of your Software or breaching a contract agreement? Have you been unfairly accused of breaching a contract agreement or infringing on a Software Copyright, Trademark, or Patent? Bold IP is prepared with our nationwide team of IP attorneys to take on your Software Litigation Defense and Plantiff-Side Software Lititgation.

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