[dba-Tech] Software reselling and development agreements' samples...

Stuart McLachlan stuart at lexacorp.com.pg
Tue Dec 2 16:40:32 CST 2003


On 2 Dec 2003 at 16:50, Shamil Salakhetdinov wrote:

> Hi All,
> 
> If anybody has some typical subject's docs could you please e-mail them
> to me?
> What I need is a kind of contracting agreement defining conditions under
> which a programmer works for a company writing new code and making
> her/his own code invested in the products of this company. I wanted to
> keep copyright on my own invested code(which I wasn't paid for by the
> company) and algorithms  to maybe reuse them in my own products - all
> the agreements I've seen so far are very limiting programmers' rights to
> reuse such code IMO.
> 
> I wanted also to have clearly defined a "direct competition" term - what
> can be considered as a direct competition with a software product on the
> market? Should it be the one having, say, 80% of the features of the
> another product or...?
> 
> If I use just part of the code of the software of the other company I
> work for (which I allowed to use in my own products) how can I avoid to
> go into direct competition with this company? - I don't want and I don't
> plan to compete with it but I'm not sure I understand what "direct
> competition" term means in details. Could you please shed some light on
> this question?
> 

I use something like the following. It's worked so far - although it's never been tested in court.

"The application will have been developed by Lexacorp for your use, but the developed application will incorporate code fragments and ideas that have previously been developed by Lexacorp and all intellectual property rights to the application remains the property of Lexacorp.  

You will receive a copy of the source code for the application and will be granted a non-exclusive licence to use such source code for maintenance and future development of the said application for your own use in such manner as you see fit. 

Lexacorp undertakes not to sell the same application or a substantially similar application to any third party without your express agreement. 

You may not sell or otherwise dispose of the said source code, or any application developed utilising all or part of it to any third party without the express agreement of  Lexacorp.

 
-- 
Lexacorp Ltd
http://www.lexacorp.com.pg
Information Technology Consultancy, Software Development,System Support.





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