Software rights security agreement

About this software security agreement

The agreement is drawn for signature by a consultant, employee or any other person connected with your business or any particular project. It is worded so as to include both past and future work. Insofar as any consultant or contractor is concerned, ownership of new intellectual property is a matter for the contract terms. But the contract terms bind the contractor, not his staff. For best protection, you should make sure this agreement is signed by every person who could steal or misuse your intellectual property. That way, you are not left with a claim against a company that no longer exists.

The law relating to ownership of intellectual property in new software varies from country to country, so it is particularly important to use this agreement as part of any arrangement for software consultancy or writing to be done outside the Commonwealth of Australia.

Within the Australia, work done as an employee would usually be regarded as the property of the employer. Conversely, created work made by an employee in the USA usually belongs to the employee.

This agreement covers all variations and situations by absolute clarity of the proposition that the employer or client owns all the software rights he has paid for. This is enforced by a long-stop provision for the legal transfer of whatever rights might remain.

The agreement moves seamlessly through confidentiality, particular projects, “work for hire” and past and future work.

Key features

• Professionally drawn, tough law
• Easy to edit (as always with Net Lawman documents)
• Thorough coverage of legal areas
• Practical, alternative business provisions
• No requirement for you to be your own lawyer

Alternatives to this software security agreement

We have a version of this contract which is not specific to software. If you require protection of other intellectual property look at High level IP security agreement.

Net Lawman offers around 20 licence agreements and assignments relating to intellectual property in addition to those in website terms and conditions.

You can find the full selection at:

• Basic contracts for creative work
• High level IP licence and sale agreements
• Merchandising agreements
• Assignment, sale and transfer
• IP licences by creator or owner
• Software and other development contracts

Contents of this software security agreement

Here is a list of the major subjects covered in this agreement:

• Definitions and interpretation
• Confidentiality - in depth
• “Work made for hire”
• Inventions already made
• New intellectual property
• Other matters relating to enforcement and other legal issues

Over 900 words of helpful drafting notes.