Softwarevertragsrecht

VDMA 2019

32 pages

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Benefits:

Following the chronological sequence of a software project, the guide begins with the drafting of any preliminary contracts and covers everything from the creation of a system specification to acceptance and the subsequent rights in respect of defects. The authors of the guide, a group of corporate lawyers and software experts working in the field of software law, have compiled a non-binding example of a software contract in the appendix, as it might occur in daily practice.

Contents:

• Preliminary contracts/confidentiality and secrecy
• Creation of the system specification
• The software contract: Preliminary remarks/preamble
• Legal classification of software licence agreements
• Standard software
• Claims for defects/warranty for standard software
• Subsequent performance for standard software
• Withdrawal, reduction and compensation for standard software
• Limitation period for claims for defects in standard software
• Custom software
• Claims for defects/warranty for custom software
• Limitation period for claims for defects in custom software
• Adaptation of software (configuration, implementation)
• IT system contract
• Service description/property and quality commitments
• Supplementary contractual obligations: Maintenance and service contract
• Training contract Limitation of liability
• Source code deposit/escrow agreement
• Acceptance: The legal consequences of acceptance
• The acceptance procedure
• A proposal
• Declaration of acceptance
• Express declaration of acceptance
• Acceptance (declaration) with reservation
• Conditional acceptance (declaration)
• Conclusive acceptance
• Fictitious acceptance
• Partial acceptance
• General provisions: Terms of payment
• Performance and delivery times/delay
• Appointment of project managers
• Right of termination
• Rights of use
• Third-party rights, indemnification, requests for changes and additions
• Change request
• Documentation
• Confidentiality and non-disclosure agreement Guidelines, templates