AUSTRALIA
License your software programs and protect your authorship rights with these easy-to-use Software Licences and Development Forms for Australian programmers.
Q. What intellectual property rights does a software developer have over the apps and products they create?
A. Australia's Copyright Act treats software the same as written literature. That means that software is protected as a 'literary work' and the creator of the software has the same rights as a conventional author. The author has the sole right to copy, reproduce, adapt and publish the work, and anyone attempting to do so without the author's permission is infringing on the copyright.
Q. Is there anything that the copyright does not protect?
A. Under Australian law, copyright does not protect names, titles, ideas or concepts, or the functionality of the software.
End User Licence for Downloadable Software | Australia
Create an End User Licence Agreement for downloadable software apps with this template form for Australian software developers.
- The EULA allows an online visitor to download the software product for use on a single computer.
- The EULA contains a disclaimer of any warranties (in other words, the program is provided 'as is') and limitation of liability clauses to protect the developer.
- Technical support is NOT provided as part of the licence.
- This End User Licence template is governed by Australian laws and can be used in any state or territory.
- The form is available as a MS Word template which is easy to download and customise.
End User Software Licence (EULA) | Australia
Australia software developers, license your software apps to end users with this easy-to-use End User Software Licence Agreement (EULA).
- Single User Licence. The software is licensed for use on a single computer or device.
- Licence for Use Only. The end user is a licensed user only. They are not purchasing the software and have no ownership rights.
- Australian Laws. The licence is governed by Australian copyright and intellectual property laws.
- Format. The form is available as a MS Word template and is fully editable so you can customize it for your purposes.
Partnering Agreement for Marketing Software | Australia
Set up a strategic alliance for marketing and selling new apps with this Partnering Agreement for software partnerships in Australia.
- The Agreement is between a software developer and a consultant who will assist in selling the software products within a defined territory.
- The relationship between the parties is not a joint venture, partnership or formal business entity of any kind. Neither party has the power or authority to enter into contracts on behalf of the other party.
- Customers must enter into a licence in order to use the software. A sample software licence is included in the package.
- The developer will pay commissions to the consultant on all software licences procured by the consultant.
- The developer is responsible for supplying and supporting the software and registering all intellectual property rights.
- The parties mutually agree to keep all information confidential.
- Each party indemnifies the other against claims and losses.
- The Agreement is governed by Australian laws and is intended to be used solely within Australia.
- The Partnering Agreement template is available in MS Word format and is fully editable to fit your specific circumstances.
Perpetual Software Licence | Australia
License your software to publishers and distributors with this Perpetual Software Licence for Australia.
Scope of Agreement
The developer grants the licensee a permanent, irrevocable, perpetual, royalty-free, non-exclusive licence to distribute, resell, sublicense or otherwise make use of the software.
In return for the perpetual licence, the licensee pays the developer a fixed lump sum licence fee.
Rights and Ownership
The developer retains title to the original software, but title to any derivative works created by the licensee belongs to the licensee.
The licensee also has the right to decompile, disassemble and reverse engineer the software.
Format and Legal Jurisdiction
This Perpetual Software Licence form is available as a MS Word document which can be easily customised to fit your unique needs. It is a reusable form, making it cost-effective and user-friendly.
This legal document template is governed by Australian intellectual property laws.
Sale Agreement for Interest in Software | Australia
Sell and transfer your ownership interest in a software product to a customer under this template Agreement for Sale for Australia.
- The software application was developed specifically for the customer.
- The sale includes the source code and related documentation for the software.
- The parties agree that this is a sale transaction and not simply a licence for use of the software.
- All title and rights in and to the software passes to the buyer upon completion of the sale.
- The seller waives all intellectual property rights to the program, including moral rights.
- This Agreement for Sale is governed by Australian intellectual property laws and can be used in all states and territories.
Software Development Partnership Agreement | Australia
Create a partnership in Australia to develop and market a software product with this downloadable Software Development and Commercialisation Partnership Agreement.
Designed for use throughout Australia, this fully editable Microsoft Word template defines the relationship between the parties, and addresses the legal and business issues that arise generally between partners in a business venture, and specifically with respect to the development and marketing of new software products.
Unlike many short online templates, this agreement covers all aspects of the partnership, including:
- development responsibilities and methodology,
- source code repository,
- third-party materials and AI-generated materials,
- intellectual property ownership and improvements,
- moral rights,
- confidentiality,
- privacy and cybersecurity,
- marketing and licensing,
- support and maintenance,
- revenues, expenses and taxes,
- warranties and indemnities,
- liability issues,
- termination and exit,
- dispute resolution,
- and much more.
Purchase once, download instantly, and customise the agreement to suit your business.
Who Can Use this Software Development and Commercialisation Partnership Agreement
This agreement template is ideal for:
- Software developers
- Boutique development agencies
- System integrators
- SaaS providers
- Value-added resellers
- Enterprise vendors
- White-label distributors
- Start-up studios
- Industry-specific projects (education, healthcare, retail, etc.)
Whether you are a solo tech entrepreneur or a large-scale developer, this agreement provides a professional framework for the relationship.
What Does This Agreement Cover?
The agreement includes sections dealing with:
- Structure and purpose of the partnership
- Aspects of the software development, including methodology, environment, documentation, testing, acceptance, change requests, and continuing development
- Third-party materials, open-source, AI tools
- Source code and object code, trademarks, branding, intellectual property protection
- Data, privacy and security
- Marketing, licensing and commercialisation
- Responsibilities of parties for support, maintenance, updates and upgrades
- Service levels
- End of life
- Revenues, expenses, costs, accounting, taxes
- Confidentiality and required disclosure
- Warranties, indemnity, and limitation of liability
- Termination and exit procedures
- Dispute resolution
- Governing law
- Electronic communications and signatures
The document is fully editable, to allow you to customise it for each State and Territory.
Why Use a Written Software Development and Commercialisation Partnership Agreement
No matter how well you know your partner(s), misunderstandings can arise over different aspects of the partnership business, such as:
- Who owns the product(s) being created
- How confidential information must be handled
- Who is responsible for customer relations, privacy issues, upgrades, etc.
- Termination rights and responsibilities
- Access to business systems and customer information
A professionally prepared agreement helps clarify expectations before work begins and provides both parties with a clear written understanding of the business relationship.
Key Features
- Professionally drafted by legal practitioners
- Fully editable Microsoft Word format
- Includes 10 pages of schedules
- Easy to customise to exactly fit your circumstances
- Instant download
- Compliant with federal laws of Australia
- Plain English drafting
- Comprehensive commercial provisions
- Reusable template that can be revised for multiple ventures
Why purchase this contract template?
Entering into a partnership with one or more other parties creates a complex and multi-layered relationship. A well-written agreement helps establish professional expectations from day one and provides a solid legal foundation for the partners.
This professionally drafted agreement helps protect both parties while creating a clear roadmap for a successful software development and marketing venture.
Frequently Asked Questions
What are the benefits of partnering for software development?
Finding a software development partner gives you access to technical expertise, improves efficiency, and reduces the time required to develop and bring a product to market. Partnering with a professional software development team reduces costs and streamlines the process.
Who owns the source code?
This agreement template contains a set of options for ownership of intellectual property generated by the development team, so that you can choose the option that best suits you.
How does the Agreement template handle the use of AI?
The Agreement sets limitations and restrictions on the use of AI tools in connection with the software development, including prohibiting disclosure of confidential information and personal information, and requiring review of all AI-generated code and material before incorporating it.
Can I use this agreement template in any state or territory of Australia?
Yes you can, by following the prompts in the template to refer to the specific laws in your state or territory that govern partnerships. The main agreement is compliant with Australian federal laws.
Document Details
Document Name: Software Development and Commercialisation Partnership Agreement
Jurisdiction: Australia
Format: Microsoft Word (.docx)
Pages: 33 (including all schedules)
Editable: Yes
Reusable: Unlimited personal or business use
Instant Download: Yes
References
Privacy and Other Legislation Amendment Act 2024 (Cth)
Partnership Laws:
- Partnership Act 1963, Australian Capital Territory
- Partnership Act 1892, New South Wales
- Partnership Act, 1997, Northern Territory
- Partnership Act 1891, Queensland
- Partnership Act 1891, South Australia
- Partnership Act 1891, Tasmania
- Partnership Act 1958, Victoria
- Partnership Act 1895, Western Australia
Software Evaluation Nondisclosure Agreement | Australia
Don't take changes with your intellectual property rights. Protect yourself with this Software Evaluation Nondisclosure Agreement for Australia.
When to Use This Nondiscosure Agreement
Before you allow anyone to test your software products for evaluation purposes, make sure they sign this Nondisclosure Agreement.
Key Provisions
- The evaluator agrees not to disclose any confidential or proprietary information with respect to the software being evaluated.
- The evaluator also agrees to promptly return all information and materials to the developer at the completion of the evaluation.
Format and Jurisdiction
- The Software Evaluation Nondisclosure Agreement is a downloadable template provided in MS Word format. It is fully customisable and reusable, making it both affordable and convenient for your needs.
- This legal contract form is governed by the laws of Australia. It can be used in any Australian state or territory.
