[AccessD] Contract

Thanks to Dan, Kath, Marty for your contributions.


-----Original Message-----
From: accessd-bounces at databaseadvisors.com [mailto:accessd-bounces at databaseadvisors.com] On Behalf Of Dan Waters
Sent: 24 February 2006 18:04
To: 'Access Developers discussion and problem solving'
Subject: Re: [AccessD] Contract


Hi Richard,

I'm having exactly this issue with a large customer I currently have.  What we've worked out is this:  If they are having trouble contacting me (or my company), they will send a registered letter to my legal address.  If they don't hear from me in 30 days, then they have the right to claim ownership of the application by sending another registered letter making that claim. Their ownership obtained this way would be non-exclusive and non-transferable, so it won't affect your ability to continue your business as before, assuming you didn't lose the fight with the truck!

Actually, they have a good point in wanting to work on this on their own if you can't or won't provide a timely response to their request for an update or modification.  To cover this, I allow the IT department, by contract, to make any modifications they want at any time.  Their working on this will not change any state of ownership.  Of course, I won't warranty any problems caused by them.  In practice, the IT department will probably prefer to not get involved in modifications to software that will continue to be maintained by an outside entity, so you should still get first crack at the modification work.

You could consider having someone you trust as a developer to be your 'backup' if you're currently busy.

Good Luck!
Dan 
 

-----Original Message-----
From: accessd-bounces at databaseadvisors.com
[mailto:accessd-bounces at databaseadvisors.com] On Behalf Of Griffiths, Richard
Sent: Friday, February 24, 2006 3:26 AM
To: AccessD
Subject: [AccessD] Contract

Hi Group

I am a stand alone software developer and have been asked by a client to add (a line/paragraph) into the contract (for a piece of off-the-shelf software I have written) something to ensure that should my business go bankrupt/fail the source code can be released to them for product support.  I have no problem with this and understand their concerns.  What I'm not sure about is the appropriate wording for this - does anyone have any advice/standard wording they use for this purpose. I have put something together myself but the contract will go to their contracts department (we are talking about a local government client here) for scrutiny. As I have said I am happy to release the source code should my business fail but I don't want to lose any copyright/ownership - also I am finding it difficult to cover what product support constitutes - I don't want to have to release the code if they demand enhancements that I do not want to develop at that time say.  Equally I don't want to write a long protracted contract (the software only 
costs £5000 so I'm not going to get legal advice or use Escrow) - I am looking for something simple and to the point. All contributions welcome.

Richard

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