Hi all,

I'm looking for experiences with the following problem:

we're  distributing most of our code under open source licences to clients
and I wonder if anyone has had experiences with the following scenario:

- Project get developed and delivered under open source licence to client on
clients server
- Later, a round of maintenance is developed and rolled out to the clients
staging server.
- Clients disputes nature of maintenance request and withholds payment

Now, normally we have a clause in our contract that we withhold the licence
of source code until it is paid. I found a similar clause in Egressive's
contract here:
http://www.phpug.org.nz/index.php/Business_Terms_and_Conditions and our own
contract has pretty much an identical clause:

"3.1 The Supplier, subject to payment in full of all owing, grants the
Purchaser a non-exclusive licence in respect of all pre-existing material of
the Supplier, which comprises the Agreement Type upon completion of The
Project , ..."

But after completion of the maintenance we would have distributed open
source code already?

Do I need to keep code on my own staging server at all times to get around
this?

Kind Regards,

Jochen Daum

Chief Automation Officer
Automatem Ltd

Phone: 09 630 3425
Mobile: 021 567 853
Email: [email protected]
Skype: jochendaum
Website: www.automatem.co.nz
http://twitter.com/automatem
http://www.xing.com/go/invite/3425509.181107

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