Software Development Agreement

A Software Development Agreement sets out the terms under which a developer creates and transfers customised software to a client.

calendar_month

Last updated September 17, 2025

flag

Suitable for Australia

Software Development Agreement

Create & Customise Legal Templates Online

legal documents graphic

What is a software development agreement?

A software development agreement is a contract that sets out the terms under which a developer creates and transfers customised software to a client.
legal documents graphic

When should you use a software development agreement?

You should use this agreement when engaging a developer to create bespoke software, ensuring both parties understand their rights, responsibilities, and project expectations.
legal documents graphic

What should be in a software development agreement?

It should include project scope, development timeline, payment terms, intellectual property rights, acceptance testing, warranties, and liability provisions.
docs

Create unlimited legal documents and eSignatures for only $39/month.

Upgrade to a Lawpath legal plan to boost your new business.

View plans & pricing

How to create a legal document

  • check_circle

    Access the Document Library

  • check_circle

    Select the template that matches your needs

  • check_circle

    Customise by adding or removing clauses with assistance from Lawpath AI

  • check_circle

    Personalise with your headers, footers, logos, or additional text

  • check_circle

    Store all documents securely in your account for easy access

Start creating your first document

Frequently asked questions

Who owns the intellectual property in the developed software?

keyboard_arrow_up

Does this agreement cover software installation and ongoing support?

keyboard_arrow_up

What protections does the agreement offer against project delays?

keyboard_arrow_up

How are payments structured under this agreement?

keyboard_arrow_up

What happens if the software does not meet requirements?

keyboard_arrow_up

Are there limitations to the warranties provided?

keyboard_arrow_up

What steps should I take before signing?

keyboard_arrow_up

View Sample Software Development Agreement

Software Development Agreement
risk level indicator at Low level

The Legal Risk Score of a Software Development Agreement Template is Low

Our legal team have marked this document as low risk considering:

  • The document stipulates that the supplier is not required to install the software or provide support for its installation, which could lead to additional costs or complications for the user if they lack the technical expertise to handle installation themselves.
  • Changes in the project timeline or software specifications may lead to additional charges or amendments to the development schedule, potentially increasing the overall cost and duration of the project.
  • The software may not be entirely free of errors even after acceptance, and the supplier's limited warranty may not cover all potential issues that arise, leaving the user responsible for any unaddressed defects.

Meet Our Users

Articles about Software Development Agreement

What is a Click Wrap Agreement?
By Dominic Woolrych|Dec 10, 2014

What is a Click Wrap Agreement?

A Click Wrap Agreement is typically used when selling or licensing software online. Learn how a Click Wrap Agreement can protect your software.

Top 10 Software Development Documents
By Jackie Olling|Nov 26, 2025

Top 10 Software Development Documents

Are you a software developer? Find out the top 10 most used legal documents in the software development industry here.

Beware Lawyers Using “Bizarre Scenario Bingo”
By Dominic Woolrych|Dec 5, 2025

Beware Lawyers Using “Bizarre Scenario Bingo”

Negotiation is a skill, but sometimes it can cause more harm than good. Read about how the use of 'bizarre scenarios' can hinder, not help, negotiations.

Quick Tips: Legal Documents for SaaS Companies
By Dominic Woolrych|Mar 25, 2015

Quick Tips: Legal Documents for SaaS Companies

Learn about the legal documentation that you may need when you wish to sell your developed software.

Should My Business Open Source Its Projects?
By Gopi Giri|Sep 3, 2019

Should My Business Open Source Its Projects?

Unclear about what open sourced projects are or want to understand the benefits and disadvantages of open source? Keep on reading to find out.

What Should I Include In My Scope Of Work (SOW)?
By Anjaly Tessa Saji|Jul 24, 2019

What Should I Include In My Scope Of Work (SOW)?

Is your business undertaking a large collaborative project? A Scope of Work (SOW) will assist you in ensuring the project runs smoothly.

The Lawpath Blog
By 1476|

The Lawpath Blog

Stay up to date with legal concepts, tactics and strategies for your business

What Legal Documents Do I Need to Develop Software?
By Zachary Swan|Mar 16, 2017

What Legal Documents Do I Need to Develop Software?

Secure your software with the right legal protection. Find out what legal documents you need when developing software.

Using an End User Licence Agreement for SaaS
By Chloe Yoo|Dec 2, 2025

Using an End User Licence Agreement for SaaS

Using an End User Licence Agreement for your SaaS will help protect your business's intellectual property. Find out more here.

Looking for more documents?

Browse all legal documents