What Legal Documents Do I Need to Sell Software as a Service?

We’ve written this short guide for situations where you have developed software and want to license software, or if you are a business or individual looking to purchase software.

Software licences set out the terms and conditions for how that software can be used. This deals with granting appropriate software licence, delivery and installation of licensed software, payment, relevant warranties and termination.

 

For getting started, we recommend familiarising yourself with the following legal documents:

 

1. Non-Disclosure Agreement

Also known as a confidentiality agreement, a Non-Disclosure Agreement protects your confidential information. It allows for all discussions to be confidential through the negotiation and discussion process. It details what information might be confidential, the protection of sensitive information and obligations on the proper user of the information.

 

2. Software Licence Agreement (Licensor) –

Use this document if you are selling downloadable software, drafted broadly in favour of the Licensor (the software owner).

 

3. Software Licence Agreement (Licensee)

Use this document if you are purchasing a licence for software to someone who operates a website, drafted broadly in favour of the Licensee.

 

4. Click Wrap Agreement

A click wrap agreement (also known as a clickthrough or shrinkwrap agreement) is a software licence for sales of downloadable software found on a website from a website to consumer. You’ll often find a click wrap agreement used in online software, where by clicking “I Agree” provides consent to the software’s specific agreement. A user must accept the terms of this agreement before being able to access the software in question.

 

All of these documents are available as part of our SaaS bundle, which provides everything you’ll need to start selling your software.

 

Unsure where to start? Contact a LawPath consultant on 1800LAWPATH to learn more about customising legal documents, obtaining a fixed-fee quote from our network of 600+ expert lawyers or to get answers to your legal questions.

Dominic Woolrych

Dominic is the CEO of LawPath, dedicating his days to making legal easier, faster and more accessible to businesses. Dominic is a recognised thought-leader in Australian legal disruption, and was recognised as a winner of the 2015 Australian Legal Innovation Index.