[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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