Tina What you are describing is exactly the same way as me. In my instance, I have allowed one deviation from this.
Where a client has written a detailed specification, I have agreed to zip all source code and place the file with a mutually agreed party. I think its referred to as escrow With my general packages, I consider the programs and source code to form part of my assets and a "saleable" item. A one-off custom package may not be "saleable". In the event of my death, I therefore make it available to my client, with a proviso that the source code is confidential and only to be used to maintain the current system. With clients like World Bank, European Union and Downer Pty, this was satisfactory to them. S On Tue, Aug 24, 2010 at 7:23 AM, Tina Currie <[email protected]> wrote: > Hi all, > > > > We have a client that has a major problem with our trading terms and > conditions document and won't sign the contract as it states what we've > always considered as standard - we maintain ownership of the source code. > I > was contacted by their lawyers last night quizzing me on this "peculiar > little trait in our contract" (what!!??) and wanted to know what > experience > you've all had in this department. > > > > My understanding has always been that if I write it - I own it. Them > paying > me to build it for them buys them a licence to use it, unless of course > exclusivity clauses are otherwise stated in the contract. > > > > They have expressed interest in buying the source code once the project is > complete. That's fine - but how much do you charge for source? Is it > relative to what they want to do with it? > > > > They want to negotiate all sorts of stuff for the contract that prohibits > us > re-using ANY of the code in future projects we undertake. If I had signed > agreements like that 18 years ago when I started coding, I wouldn't have a > business now - there's lots of my code that's been carried from one project > to another cause it WORKS and there's no point in writing it over and over > again...! I'm ready to cut this client free, give them half their deposit > back and all the code written to date and say "bye bye now..." but thought > I'd ask advice from this group first. > > > > They also had a major problem with the application being sold without > warranty. This is standard too as far as I knew but they can't get past > it. > > > > Your experiences? > > > > Tina > > www.datahouse.com.au > > > > > > > > --- StripMime Report -- processed MIME parts --- > multipart/alternative > text/plain (text body -- kept) > text/html > --- > [excessive quoting removed by server] _______________________________________________ Post Messages to: [email protected] Subscription Maintenance: http://leafe.com/mailman/listinfo/profox OT-free version of this list: http://leafe.com/mailman/listinfo/profoxtech Searchable Archive: http://leafe.com/archives/search/profox This message: http://leafe.com/archives/byMID/profox/[email protected] ** All postings, unless explicitly stated otherwise, are the opinions of the author, and do not constitute legal or medical advice. This statement is added to the messages for those lawyers who are too stupid to see the obvious.
