#Mobile #App #End #User #Licensing #Agreement #Attorney Andrew S. Bosin negotiates, drafts and structures mobile app contracts, mobile app agreements, mobile application development agreements, video game app contracts and agreements and software application development agreements for clients both Nationwide and in New Jersey. Whether you are a software application developer or a company seeking to negotiate a mobile or video app contract or development agreement, both parties need to have in place a well written unambiguous software and/or application development agreement.
The company seeking to have the app built wants to guarantee performance before payments are made. And likewise, the app builder wants to get paid. The agreement should have milestones clearly spelled out so that after the developer completes a certain stage of the app build the client makes a payment.
The agreement should have a provision that when the app development gets to certain stages that the company having the app built can take a look at the work and tell the developer if it is being built correctly or according to the wire frames, i.e., the drawings that should be attached to the end of the agreement as an exhibit commonly known as the Scope of Work. The last thing you want to have happen if you are the client is that the app is built and finished but does not function properly for its intended purpose or use.
What about terminating the agreement if there is non-performance or non-payment? The milestones are a good way to ensure that the developer is doing its job. What if the client stops paying? The agreement should have a provision allowing the developer to terminate the agreement for non-payment.
There should be language in the agreement tied to the last milestone payment that the client is afforded the opportunity to test the app and tell the developer whether or not there are any bugs or if its not functioning properly and then the developer has to correct or fix any of these issues or problems before the last payment is made.
One of the most important provisions that should be in any software or app development agreement is making sure that when the app is built and finished that developer agrees to provide all of the source code and intellectual property rights over to the client. The client must own all of the IPR, copyrights, and trademarks associated with the app. The client needs to feel good about the fact that they are paying for an app to be built and the app developer owns no part of it when it is finished building it.
Andrew S. Bosin, Esq. is a mobile apps and technology lawyer located in New Jersey. www.njbusiness-attorney.com. 201-446-9643