Software Development Agreements

Software development agreements – including software development agreements under Australian law – are unique in the legal world. They need to cover brand new technology as well as deal with age old questions of intellectual property and liabilities. They need to flexibly manage the risks that could arise in a developing industry, while still ensuring that all your rights are protected. And they need to do it all while keeping your overall business goals in mind.

Achieving those differing ends means that you need an expert software development attorney on your side.

Stevensen Business Lawyers, Tech and Software Legal Experts

As commercial and business lawyers focused on the software and tech industries, we have years of experience drafting software development agreements under Australian law. This experience means we have the know-how to customise those agreements specifically for your software development project.

What We Do

We can prepare custom application development agreements or software development agreements under Australian law. During that process we’ll ensure the contract terms and conditions are adapted to new service offerings, newly emerging technology or customised software or applications being developed for your company.

And if another party has presented you with a proposed software development contract, we can also review and recommend any necessary amendments to be sure it protects your rights and lowers your legal risks.

We can also draft or review:

  • Software development consulting agreements.
  • Joint software development agreements.
  • Multimedia development agreements.
  • Website development agreements.
  • Software services agreements.
  • Software licensing agreements.
  • Software sale agreements.
  • Systems integration agreements.
  • Non-disclosure agreements for software development.
  • Software contract templates.
  • Software development contracts.

Why Choose Us?

Unlike other small business lawyers or tech-focused lawyers, we charge a fixed price fee for our legal work. Whether you need a software development agreement drafted under Australian law, or the review of a software development contract for your boutique project, we’ll get you the legal advice and service you need at a price point that makes sense.

Our legal services are tailored to the needs of our clients. There are no ‘off-the-shelf or ‘one-size-fits-all’ clients – so we don’t provide ‘off-the-shelf’ or ‘one-size-fits-all’ services. When you work with our team of expert business lawyers, you can expect expert business services.

Frequently Asked Questions


What is an end user license agreement?

An end user license agreement or EULA is a contract where the developer or exclusive rights holder of a software gives someone else the right to use the software. This right will be subject to the terms and conditions specified in the contract. An EULA does not give ownership rights to the end-user. It usually gives only a non-exclusive right of use to the end-user.

An employer owns the copyright in any software developed by its employees in Australia. This does not include any third-party software, developer tools or technologies used in creating the software.

However, if you engage a software developer who is not your employee, that developer will own the copyright in the software unless you have in place a binding contract between you and the software developer assigning all copyright and other intellectual property rights in the software to your company.

When you commission a developer to design a customised software app for your company, the developer will usually propose a software agreement for you to sign. Do not sign the software contract proposed by the developer, unless you have your lawyer check it out first.

As your business lawyers, we will consider and update all aspects of the contract to be sure that your rights are protected. This includes copyright ownership, background technology ownership, warranties of ownership, warranties of performance, dispute resolution mechanisms and the proposed commercial aspects of the project. They also include the functional specifications of the software to be developed, the schedule of work and milestones and your payment arrangements with the developer, for instance, an hourly rate plus expenses or a fixed price for a part or the entirety of the project.