Whether you are creating software or using it for your business, you need robust software agreements to define the relationship between supplier and customer. Our software agreements lawyers can help with negotiating, drafting and reviewing terms, ensuring your interests are protected.
At Thornton Jones, our experts can assist both developers and end-users with all types of software agreements and software contracts, including software licence agreements and development agreements. We can also assist with any concerns over breach of software agreements and exiting agreements early.
Our team benefits from the experience of consultant solicitor Michael Cook who has over 20 years of corporate and commercial experience working with various businesses across a wide range of industries. We also have commercial dispute resolution expertise in house should any problems arise.
Our expertise with software agreements
Software licence agreements
As a software supplier or end-user, it is essential that the terms of your software licences match the commercial realities of your business. Having licence agreements drafted and reviewed by an expert helps to ensure you fully understand the licence terms, with no grey areas or room for potential risk.
Our licensing agreement lawyers can assist with all types of software licence agreements, making sure the terms exactly match your requirements. Where there is the need for negotiating software licence agreements, we can support you through this process.
Software development agreements
Where an organisation needs bespoke software built or existing software modified, they will normally retain a developer to complete this work for them. A robust software development agreement should be put in place to govern the relationship and set expectations.
Our team can assist both developers and businesses commissioning software with creating clear, effective development agreements. This helps to ensure end-users get software that meets their needs while limiting both sides’ legal risk.
Breach of software agreements
Should either side have a concern that a software agreement has been breached, it is important to seek expert advice at an early stage. This can help to resolve the issue quickly, avoiding any costly and time-consuming escalation.
We will be happy to advise on breach of software agreement disputes, using our expertise with alternative dispute resolution to find fast solutions. In many cases, dispute resolution processes will be specified in the agreement, so we can help you to follow those processes correctly while giving you the best chance of a positive outcome.
Exiting software agreements
If you wish to end a software agreement during the licence period or while a piece of software you have commission is still in development, it is essential to seek specialist advice first. This ensures you understand your options and do not leave yourself open to a legal claim by the supplier or developer.
Our lawyers can review the terms of your software agreement and advise you on what you can do to end the agreement early without putting your business at legal risk.
Software agreement FAQs
A software licence grants an end-user the right to use a piece of software for a set period of time. There will typically be restrictions on how the software can be used and a separate licence may be needed for each individual user within an organisation.
A software development agreement is used where an organisation commissions a software developer to create bespoke software for them or modify an existing piece of software to suit the organisation’s needs. The terms must be carefully drafted to ensure expectations are clearly set and a process is in place to resolve any potential disagreements.
Software will generally be licensed using one of two types of licence:
1. Exclusive licence – meaning only the licensee is able to use the software and licences cannot be granted to third parties.
2. Non-exclusive licence – meaning the licensor can grant licences to as many people as they like – the licensee does not have exclusive access to the software.
Yes, a software agreement is a legally binding contract, meaning both sides must adhere to the terms set out in the agreement.
A software licence will be for a set term – commonly either 1-year or 1-month, but other options may be available. If you wish to end a software licence within the agreed period, you may have the option to do so in exchange for paying an early exit fee. This should be specified in the licence agreement.
If you wish to end the agreement early due to the software not meeting expectations, it may be possible to agree this with the supplier, but you should have an expert review your agreement to ensure you are clear about your rights and obligations.
You should not simply stop paying for the software, even if you feel it is not fit for purpose, as this could result in legal action from the supplier.
Speak to our software agreement solicitors in Garforth, Mapplewell, Ossett, Sherburn in Elmet and Wakefield today
For advice on software agreements in Yorkshire, please contact our local offices in Garforth, Mapplewell, Ossett, Sherburn in Elmet or Wakefield.
Contact Us
☎️ Call our Wakefield office on 01924 290 029
☎️ Call our Garforth office on 0113 246 4423
☎️ Call our Sherburn in Elmet office on 01977 350 500
☎️ Call our Mapplewell office on 01226 339 009
☎️ Call our Ossett office on 01924 586 466
