With the development of society step by step, agreements are closely related to our lives, and signing agreements is a means to improve economic efficiency. How to write the agreement properly? The following are five software development agreements that I have compiled for you, hoping to help you.
Software Development Agreement 1 Party A: Party B:
Address: Company Address:
Technology center:
Postal code:
Tel: Tel:
Party A entrusts Party B, and Party B accepts Party A's entrustment to develop "stock software" products, and both parties reach the following agreement on cooperation:
First, the way of cooperation:
Party B customizes and develops software products according to Party A's requirements, and provides technical training to Party A; Party A shall pay the expenses to Party B. ..
Second, the software content requirements and acceptance criteria:
1. According to the contract, the software products that Party A entrusts Party B to develop are "inventory software".
2. Overall design principle: Party B develops securities analysis software for Party A according to its own technical standards of securities software with independent intellectual property rights. After the completion of the securities software, Party B shall hand over the software, including ancillary software, to Party A, and Party B shall be responsible for after-sales service and corresponding upgrade. At the same time, Party B will apply to the National Copyright Administration to register the copyright of the software works owned by Party A. ..
3. The composition, functional requirements and acceptance criteria of software usually include the functional description, acceptance criteria, acceptance period, acceptance method, confirmation and remedy of product defects, etc. According to the characteristics of the entrusted project, it can be increased or decreased through consultation between both parties. For example, our detailed design has been completed, and only the contractor needs to write the code. At this time, there is no need for functional description.
Third, the work progress:
Party B shall complete the software development and corresponding support work according to the software development schedule attached to this contract (see annex).
Four. Payment of fees:
1. The total cost of this project is RMB, and both parties agree to remit money by cash bank telegraphic transfer.
2. Payment terms: On the premise that Party B completes the work progress according to the schedule specified in Article 3 of this contract and passes the acceptance, Party A will pay Party B on the following dates:
(1) Pay the down payment in RMB within 2 days after signing the contract.
(2) After Party B completes the software production, it will hand over the complete version of the software to Party A, and together with the official letter of the software officially accepted by the National Copyright Administration, Party A will pay the balance of RMB _ _ _ _. (including the software copyright application fee of RMB);
(3) Party B will make a complete software and submit it to Party A for use, and shall provide a considerable video teaching and graphic explanation.
(4) In future sales, Party A will purchase each data terminal from Party B according to a software account.
3. The above expenses include all expenses that Party A should pay to Party B..
Verb (abbreviation for verb) Rights and obligations of both parties.
1. If there are defects in the system design, resulting in the failure of normal operation of the whole system, Party A reserves the right to recover all the investment;
2. If some functions cannot operate normally due to design defects, Party B shall solve the problem within the time required by Party A. If the problem cannot be solved on time, which affects the normal use of Party A, Party A has the right to deduct some expenses;
3. The system design must meet the design requirements of Party A, otherwise Party A has the right to refuse payment.
4. Party B shall assist Party A in installation and debugging until Party A is qualified;
5. Party B is responsible for training a software operator and installer for Party A, and the trainers of Party A should be proficient in operation and be able to solve simple problems;
6. Party B shall personally complete all the work of this development project.
7. Party B must upgrade the technology and expand the functions of the system when it is delivered for use, and the expenses for upgrading and expanding shall be borne by Party B. ..
8. System maintenance: Party B shall be responsible for 12 months of free maintenance after the system is accepted and delivered for use. In case of emergency problems in the system, Party B shall solve them on the spot.
9. Party B develops "stock software" software products for Party A, with relevant software characteristic indexes, software registration system and software encryption system attached.
10. Party B shall make corresponding software information for Party A, such as software identification, software name, startup screen, embedded website, etc. ..
1 1. Party B promises to provide free technical maintenance and basic upgrade for one year during the software operation from the date of signing the contract.
The upgrade criteria are: the existing functions of Party B's software and Party B's own software information formed in time by all the free basic data information obtained by the exchange. In addition, Party B's own software function upgrade program is also given to Party A for free upgrade.
12. Party B is responsible for assisting Party A to solve the problems that need to be explained during the software operation and the obvious bugs that need to be improved.
13. Party B guarantees that the provided software meets the requirements of Party A and has no defects. If there is any problem in the operation of the software, Party B shall unconditionally modify or replace it for maintenance.
14. Party B shall ensure that the software provided to Party A does not have any defects during operation. In case of any problem, Party B promises to solve it within 24 hours.
15. Party B provides software upgrade for Party A free of charge. If Party B has the software expansion function, Party B shall provide Party A with the upgrade program to fully guarantee the software upgrade and expansion. If Party A has other requirements for software, both parties shall settle them through negotiation.
Supplement, modification and termination of intransitive verb agreement;
1. Supplement, change and modification of this agreement: If the existing contents of this agreement need to be supplemented, changed or modified due to business development, both parties or any party shall put forward suggestions and plans for supplement, change and modification, which shall be confirmed in writing after negotiation by both parties, and shall be signed and sealed by both parties as an annex to this agreement, with the same legal effect as this agreement.
2. Termination of the Agreement: During the performance of this Agreement, if the project development is seriously affected due to Party B's failure to correctly perform its obligations under this Agreement, Party A has the right to unilaterally terminate the contract and notify Party B in writing three days in advance.
Seven. Liability for breach of contract:
1. If Party B interrupts the development without authorization, Party A has the right to terminate the contract. Party B shall, within 2 days after Party A sends a written notice, refund all the fees paid by Party A and compensate Party A for other losses.
2. After the work results submitted by Party B are qualified, Party A shall fulfill the payment obligations on time. Where Party A delays payment without justifiable reasons, it shall pay Party B 65,438+00% of the delayed payment amount as liquidated damages for each day of delay.
Eight. Jurisdiction:
Any dispute arising from the performance of this contract shall be settled by both parties through consultation. If negotiation fails, both parties agree that Shanghai Arbitration Commission will make an award according to its current effective arbitration rules.
Nine. Others:
1. The attachment of this contract is as follows: software development schedule. The annexes to this contract have the same effect as the text.
2. This contract is made in duplicate, and shall come into effect as of the date of signature by both parties.
Party A: Party B:
(Seal) (Seal)
Signature: signature:
Date: Date:
Chapter II of Software Development Agreement Party A:
ID number:
Address:
Party B:
ID number:
Address:
After full consultation between Party A and Party B on the basis of equality and voluntariness, Party A agrees to entrust Party B to develop the project, and Party B is willing to undertake the above-mentioned development projects of Party A and ensure that the development tasks are completed on time and with good quality. The following terms and conditions of this agreement are hereby entered into * * *.
I. Cooperation projects
Software name:
Business scope of the project:
Project management address:
Second, cooperation time.
The cooperation period is _ _ _ _ _ _ years, counting from the date of signing this agreement. After the expiration, if both parties wish to continue cooperation, they shall re-sign an agreement based on this agreement.
Third, cooperation and division of labor
1. Party A is responsible for putting forward information release and system user requirements, and organizing acceptance and payment in time after system development is completed.
2. Party B is responsible for detailed demand investigation, design, development, debugging, training and technical services. And ensure that the development task is completed on time and with good quality according to the user requirements put forward by Party A. After the project development is completed, the right to use the program source code and related technical documents shall be completely handed over to Party A..
3. In order to better meet the needs of users and facilitate the future maintenance after the project is developed, Party A will also participate in the development of the system, make suggestions on the development work, and revise the scheme design and requirements with Party B when necessary.
4. Party A provides necessary conditions for Party B's on-site investigation, design, testing and installation to meet the needs of project implementation.
5. When Party A's demand changes greatly during the validity period of the contract, resulting in the adjustment of Party B's design and development contents in the contract, both parties can negotiate the changed contents, jointly solve them and form a memorandum.
6. Party B shall optimize the product design according to Party A's requirements or technical updates. If the product motherboard cost is reduced due to optimization, the price reduction space will be shared by both parties.
7. Intellectual property rights such as related programs and program source codes involved in this contract belong to Party A. Without Party A's consent, Party B shall not use the development and design program of this project to apply for other special projects or hand it over to a third party. Party A shall not copy or crack the software provided by Party B. ..
8. After the system is accepted, Party B shall provide free after-sales service for the developed application system.
9. After-sales service includes software and hardware defects, failures, partial modification, improvement and maintenance of software functions, etc. When users require minor changes to some functions due to work needs, Party B shall complete them free of charge. If the modification work exceeds the workload of person/week, Party A shall pay reasonable expenses to Party B..
10. During the after-sales service period, Party B promises that when the application system fails, Party B will respond positively in time, actively and effectively cooperate with Party A's demand and properly solve the problem.
Fourth, technology and market secrecy.
During the cooperation period, without the consent of all parties to the project, no one may transfer technology and customer information, cooperate with partners other than the two parties to the project or seek benefits for others, or disclose technology. In case of violation of this agreement, the project partner has the right to confiscate the relevant income of the defaulting party and investigate the economic and legal responsibilities of the defaulting party.
Verb (abbreviation of verb) income distribution
The development cost is ten thousand yuan (RMB in words: RMB), which shall be paid by Party A before.
Liability for breach of contract of intransitive verbs
1. During the cooperation period, if either party of the project partners withdraws from the cooperation project without the consent of the other party, the breaching party shall compensate the infringed party for the investment losses and other due benefits during the cooperation period (specifically, the breaching party shall pay the infringed party all the benefits for the remaining agreement period according to the average due benefits from the cooperation date to the accident date). And must abide by the technical and market confidentiality regulations, and shall not use or operate the similar technical content and customer resources of this project locally for two years. Otherwise, all parties to the project have the right to pursue all economic and legal responsibilities of the defaulting party.
2. During the cooperation period, due to force majeure factors such as war, disaster and disease, the cooperation of the project is dissolved or the partners no longer cooperate, and the technical content of the project belongs to both parties.
3. If one of the partners violates this agreement, the other party has the right to cancel the cooperation with the defaulting party and investigate all economic and legal responsibilities of the defaulting party.
Seven. Other matters not covered shall be negotiated by both parties.
Eight. This agreement is made in duplicate, one for each party.
Party A: Party B:
Date: Date:
Chapter III of Software Development Agreement Party A:
ID number:
Address:
Party B:
ID number:
Address:
On the basis of equality and voluntariness, Party A and Party B, through full consultation, jointly operate _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _.
I. Cooperation projects
Project name:
Business scope of the project:
According to the requirements of Party A, Party B completed the development within the specified time.
Second, cooperation time.
Commencement date: the official commencement date of the project is the date of signature and seal by both parties;
Completion period: within working days after the project is officially launched.
Third, cooperation and division of labor
Party A has the right to urge Party B to complete the project development within the specified time. If there are any supplements or amendments, both parties shall negotiate separately. Without affecting the progress, Party B must meet the needs of Party A for small-scale changes. In case of major changes, Party A and Party B shall extend the development cycle through consultation.
Party A fully owns the ownership of the system, including the right to use, copyright and other rights;
Party A shall pay the development expenses to Party B on time as agreed;
Party B has the responsibility to complete the content of project software development within the specified time according to Party A's requirements;
After the completion of the project development, during the maintenance service provided by Party B to Party A, if the change scope is within the functional scope specified in this contract, Party B is obliged to modify the change content for Party A free of charge;
Party B has the responsibility to keep the contents of this contract confidential;
Party B has the responsibility to keep the interface specification with Party A confidential and shall not disclose it to a third party without the written permission of Party A;
Party B has the responsibility to provide free maintenance services to Party A within months after the completion and acceptance of the project. This maintenance only refers to the modification of software bugs and small-scale functional changes;
Party B is responsible for preparing the hardware equipment and development materials needed for software development.
Fourth, technology and market secrecy.
During the cooperation period, without the consent of all parties to the project, no one may transfer technology and customer information, cooperate with partners other than the two parties to the project or seek benefits for others, or disclose technology. In case of violation of this agreement, the project partner has the right to confiscate the relevant income of the defaulting party and investigate the economic and legal responsibilities of the defaulting party.
Verb (abbreviation of verb) income distribution
Cost: The total cost of this project is RMB.
Payment method: Party A shall complete the test and acceptance within _ working days after the overall project development is completed, and provide the acceptance report to Party B.. At the same time, Party B shall deliver the software design related documents to Party A, and Party A shall pay the development fee to Party B within _ _ working days.
The losses caused by product quality problems shall be borne by Party B, and the bad debt losses caused by poor sales management shall be borne by Party A. ..
Cooperative safeguard measures of intransitive verbs
Party A has the responsibility to pay Party B's expenses according to the agreement. If Party A fails to deliver the goods on time due to its own reasons, Party A will pay an extra% of the total cost of Party B as compensation for each day of delay;
Party B has the responsibility to deliver the source code and design documents to Party A on schedule to realize all the functions in the project. If Party B fails to deliver the goods on time due to its own reasons, Party A will deduct% of Party B's total expenses for each day of delay. If Party B fails to deliver the goods on time due to Party A's reasons, Party B will not bear the losses caused thereby.
Seven. Other matters not covered shall be negotiated by both parties.
Eight. This agreement is made in duplicate, one for each party.
Party A: Party B:
Date: Date:
Article 4 of the Software Development Agreement Party A: Party B:
Address: Address:
Tel: Tel:
Party A entrusts Party B to develop the software of "agricultural materials terminal inquiry system", and both parties reach the following agreement on cooperation:
First, the way of cooperation:
Party B customizes and develops software products according to Party A's requirements, and provides remote assistance to Party A; Party A shall pay the expenses to Party B. ..
Second, the software content requirements:
1. According to the contract, the name of the software product entrusted by Party A to Party B is "Agricultural Terminal Query System".
2. Party A shall provide Party B with Motorola MC3 19Z data terminal and related product descriptions. The terminal is pre-installed with Windows mobile 6.5 operating system and scanning driver software, and Party B shall be responsible for technical development for Party A's use according to Party A's requirements.
3. The functions realized by the software include: barcode/QR code scanning, agricultural product data import, query, etc. You can import photos for query and comparison.
Three. Work progress and requirements:
Software development time: completed within 30 days after signing the contract. Test in 25 days.
Four. Payment of fees:
1. The technical development cost of this project is RMB (software fee+remote guidance training fee).
2. After the software is completed, Party B will hand over the complete version of the software to Party A, and pay all expenses within one week after the test is correct.
Verb (abbreviation for verb) Rights and obligations of both parties.
1. If the software is defective and cannot run, Party B will adjust the program for free to make the software work normally.
2. Party B shall assist Party A in installation and debugging until Party A is qualified.
3. Party B is responsible for training a software operator and installer for Party A, and the trainers of Party A should be proficient in operation and be able to solve simple problems.
4. Party B shall provide system technology upgrade and function expansion services after delivery, and the upgrade expenses shall be borne by Party A..
5. Party B promises to provide free technical maintenance and basic upgrade for one year during the software operation from the date of signing the contract.
6. After the work results submitted by Party B are qualified, Party A shall fulfill the payment obligations on time.
The responsibilities of both sides of intransitive verbs:
During the performance of this contract, if any party breaches the contract and causes losses, the breaching party shall bear all the responsibilities and compensate the economic losses. In case of any dispute, both parties shall settle it through consultation. If negotiation fails, both parties agree that the arbitration commission shall make an award according to its current effective arbitration rules.
Seven. Software copyright
After this contract comes into effect, the software copyright belongs to Party A, but Party A shall not transfer the software source code to a third party.
Party A: Party B:
(Seal) (Seal)
Date: Year Month Day Date: Year Month Day
Chapter V of Software Development Agreement Party A:
ID number:
Address:
Party B:
ID number:
Address:
WHEREAS, all parties to this agreement are professional computer software developers (units) capable of developing creative software. And all parties to the agreement are willing to engage in software development. In order to regulate the rights and obligations of all parties, this Agreement is entered into under the guidance of People's Republic of China (PRC) Contract Law and other relevant laws and regulations, and all parties shall abide by it.
First, the mode of cooperation
Party A contributes RMB _ _ _ _ _ _ _ _, accounting for 70% of the shares; Party B contributes technology, accounting for 30% of the shares.
Second, cooperation projects.
Project name:
The two parties to the agreement jointly develop software, and the scope of cooperation includes the development of software code writing, debugging and testing.
Third, cooperation time.
The cooperation period is _ _ _ _ _ _ years, counting from the date of signing this agreement. After the expiration, if both parties wish to continue cooperation, they shall re-sign an agreement based on this agreement.
Fourth, cooperation and division of labor.
1. Both parties to the agreement shall write according to the normal division of labor in software programming, and neither party shall arbitrarily change the main functions and items of the software to avoid causing difficulties to the other party.
2. All parties to the cooperation should adhere to the principles of diligence, hard work, honesty and credibility, carry out their own software programming work, and take into account the compatibility and union of all parties' software. If some partners encounter special technical difficulties, the remaining partners are obliged to provide them with reasonable and appropriate technical assistance.
3. Without the consent of all partners, it is forbidden for any partner to conduct business activities in the name of the group without permission; If the benefits obtained from its business belong to all parties to the cooperation, and losses are caused, compensation shall be made according to the actual losses.
4. It is forbidden for partners to disclose the relevant business secrets involved in this agreement.
Verb (abbreviation of verb) technology and market secrecy
During the cooperation period, without the consent of all parties to the project, no one may transfer technology and customer information, cooperate with partners other than the two parties to the project or seek benefits for others, or disclose technology. In case of violation of this agreement, the project partner has the right to confiscate the relevant income of the defaulting party and investigate the economic and legal responsibilities of the defaulting party.
Income distribution of intransitive verbs
1. The profit of this project is divided according to the different shareholding ratios of the partners, of which Party A holds 70% and Party B holds 30%. Under the condition of ensuring the normal operation of the project, the year-end dividend will be paid once a year (annual 1 month divided into the dividend of the previous year). In order to expand business operations, it is necessary to retain profits, which must be agreed by all parties and shall not exceed 30% of the total annual profits. Retention is calculated as the contribution of each party according to the proportion of equity held by each party.
2. Considering Party B's personal situation, the project will pay Party B RMB _ _ _ _ _ _ _ _ per month, but half of the salary will be deducted from Party B's year-end dividend and the other half will be included in the project operating cost.
3. The fixed assets contributed by Party A are depreciated for five years, and the working capital is not subject to interest.
4. The losses caused by product quality problems shall be borne by Party B, and the losses caused by poor sales management shall be borne by Party A..
Seven. Cooperative safeguard measures
1. During the cooperation period, if either party of the project partners withdraws from the cooperation project without the consent of the other party, the breaching party shall compensate the infringed party for the investment losses and other due benefits during the cooperation period (specifically, the breaching party shall pay the infringed party all the benefits for the remaining agreement period according to the average due benefits from the cooperation date to the accident date). And must abide by the technical and market confidentiality regulations, and shall not use or operate the similar technical content and customer resources of this project locally for two years. Otherwise, all parties to the project have the right to pursue all economic and legal responsibilities of the defaulting party.
2. During the cooperation period, due to force majeure factors such as war, disaster and disease, the cooperation of the project is dissolved or the partners no longer cooperate, and the technical content of the project belongs to both parties.
3. If one of the partners violates this agreement, the other party has the right to cancel the cooperation with the defaulting party and investigate all economic and legal responsibilities of the defaulting party.
Eight. intellectual property
1. The copyright of the software source code, technical documents and compiler itself written by the partners shall be enjoyed by the partners.
2. In the process of software compilation, all parties shall not infringe upon the intellectual property rights of others, otherwise, they shall bear all tort liabilities.
Nine. Other matters not covered shall be negotiated by both parties.
X this agreement is made in duplicate, one for each party.
Party A: _ _ _ _ _ _ _ _ _ _ Party B: _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _.
Date: _ _ _ _ _ _ _ _ Date: _ _ _ _ _ _ _ _ _ Date: _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _