Software Licensing, Support & Maintenance

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Developers creating software and apps for clients and customers should have a software licence agreement. While there are many standard agreements available, a bespoke agreement, tailored to your app or software, goes much further in protecting you and your business. An effective software licence will prevent customers from copying your software, allow you to disclaim warranties and, importantly, limit your liabilities and exposure.

Our expertise includes:

  • Drafting, negotiating and advising on a wide range of licence related agreements including:
    • licence agreements/EULA's
    • reseller and distribution agreements
    • maintenance, support and service level agreements
    • subscription and SaaS agreements
    • hosting agreements
    • cloud agreements
    • website and app T&C's
  • Advising on termination of licence provisions
  • Advising in relation licence compliance and software licence audits
  • Advising on warranties (including exclusions and liability limitations)
  • Advising software, medical and mobile app start-ups in relation to business structuring, shareholder agreements, terms and conditions, fundraising documents, commercialisation agreements, manufacturing and other agreements
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Our notable and relevant experience includes:

  • Prepared suite of software licencing, maintenance and support agreements for spatial software developer (Australia and USA).
  • Prepared suite of software licencing, maintenance and support (including service level) contracts for Tier 1 mining and energy software vendor.
  • Reviewing standard form procurement contracts offered by BHP, Rio Tinto and FMG.
  • Advised large private industrial company in relation to Oracle software licence audit, including compliance with licensing terms and challenging licence fees demanded for virtual machines and multiple software instances.
  • Advising ASX listed property company in relation to terms of Microsoft Dynamics enterprise software licence.
  • Advising large agribusiness in relation to Telstra cloud contracts and licence terms
  • Acting for numerous software and IT related start-ups, advising on all legal aspects of their businesses.
  • Prepared and reviewed software maintenance and support agreements and SaaS agreement for many clients.
  • Prepared numerous website and app T&C's.

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