(for free), even if it is as 160 hours a month. I would also want a cap on
the amount of new development you are required to do the application.
They want exclusive licensing rights which means you can't license this
to anyone else. I would ask for 50% of all gross revenues.
Realistically, though, in a book contract or music recording contract
you'd be lucky to get 15% of gross revenues; however both of those
contracts offer an advance. If you're not getting one there is nothing
wrong w/ asking for more.
When the agreement ends, make sure the code transfers back to you and
they have no rights to re-license, etc..
If you have a 1 year contract, what happens when they go out of business
in 3 months? Do you have the right to audit their books? I'd ask for
it. It'd only be worth the expense if they were selling millions of
subscriptions.
As always, have a lawyer read over all documents. The person who said a
notary public should witness the document signing has a very good point.
At 01:03 PM 6/7/2004, you wrote:
>Subject: Question about Licensing my CF Web Application
>From: "Dave Phillips" <[EMAIL PROTECTED]>
>Date: Mon, 7 Jun 2004 11:26:03 -0400
>Thread:
>http://www.houseoffusion.com/cf_lists/index.cfm/method=messages&threadid=33023&forumid=4#165663
>
>Kenneth,
>
>1 - There is nothing up front - this is a risk on my part as well,
>however, I developed the application for my own use within my own
>company, and so I never expected to have an opportunity to license it
>and sell subscriptions to it. I don't have the time, nor the desire, to
>do all the marketing, let alone end user support, so I'm pretty okay
>without getting anything up front as long as I'm getting a fair deal on
>the percentage.
>
>2 - no hourly pay - I'm agreeing to keep the software up to date as part
>of the agreement, however, it would be for a specific period of time,
>not indefinitely.
>
>3 - 30% on All Revenue of the company, period. so that would include
>any customization charges they pass on to their customer (or an increase
>in monthly subscription rate for that customization for example).
>
>Thanks for your input.
>
>Dave
--
Jeffry Houser, Web Developer, Writer, Songwriter, Recording Engineer
<mailto:[EMAIL PROTECTED]>
--
AIM: Reboog711 | Phone: 1-203-379-0773
--
My Books: <http://www.instantcoldfusion.com>
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