One of the many things I have learned as a basic truism in our business is that when I am in doubt with anything relating to legal issues I call my primary Legal Advisor. This way you can get solid advice re: what you are signing away (all of your rights otherwise due you, unless you are getting paid a huge amount of dough for the project). If you and your counselor feel the deal is not acceptable, you can use him/her as the Bad Guy when opening a dialogue with "XX". It will cost you some investment cash (tax deductible as a business expense from the first dollar of legal fees, as opposed to legal fees for personal matters), but it could save you a lot of grief and help retain opportunity revenue.
Frankly, if it were me, unless I was going to get a lot of wampum for the project there is no way in blue blazes I would sign any contract with the wording you put forth. For me it comes to this, I am either going to license, control and become rewarded for my commercial development efforts, or I am going to create something on behalf of some other party for a huge amount of cash that they then essentially own all the rights to. In the latter case, if the app is a huge hit I gain nothing further from such success in the market. It is a one trick pony. I far prefer the former where I get to enjoy the fruits of my efforts via a monthly recurring license fee for as long as the app brings perceived value to an End User. And I still control who gets what, and under what terms and conditions. Get a qualified attorney, one who specializes in software matters, to help you before signing anything. Gil > -----Original Message----- > From: [EMAIL PROTECTED] > [mailto:[EMAIL PROTECTED] Behalf Of Ted Roche > Sent: Wednesday, December 05, 2007 8:24 AM > To: [EMAIL PROTECTED] > Subject: Re: Contractual stuff > > > On Dec 4, 2007 10:37 PM, Sytze de Boer <[EMAIL PROTECTED]> wrote: > > > > Can anyone suggest an alternative clause ? > > > > Slightly off the focus of your question, but... > > Is this FoxPro code? If so, the Fox EULA requires you include some > very specific restrictions in your license. You can't allow them to > give away FoxPro's internals. You can't grant them the right to use > the code "unrestricted" if that includes releasing the code as Open > Source. Perhaps elsewhere in your contract you specifically delineate > the difference between PAS and the FoxPro runtime, included utility > code (like FFC modules) and support files. You certainly don't want to > grant them rights to decompile the Fox runtime ;) > > I am not a lawyer, and any advice of that nature you get on this forum > certainly doesn't apply to your jurisdiction. > > -- > Ted Roche > Ted Roche & Associates, LLC > http://www.tedroche.com > > [excessive quoting removed by server] _______________________________________________ Post Messages to: [email protected] Subscription Maintenance: http://leafe.com/mailman/listinfo/profox OT-free version of this list: http://leafe.com/mailman/listinfo/profoxtech Searchable Archive: http://leafe.com/archives/search/profox This message: http://leafe.com/archives/byMID/profox/[EMAIL PROTECTED] ** All postings, unless explicitly stated otherwise, are the opinions of the author, and do not constitute legal or medical advice. This statement is added to the messages for those lawyers who are too stupid to see the obvious.
