Software agreements
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Contact our teamIn today’s digitally driven economy, nearly all businesses rely on software solutions to manage their operations, enhance efficiency and drive growth.
Whether you are a developer licensing your software or a business acquiring software to help streamline processes, having a clear and thorough software agreement is essential to protect your interests and avoid costly disputes.
At Moore Barlow, our team of experienced commercial and technology lawyers provide practical, tailored legal advice to clients looking to enter into software agreements. We work with businesses across a range of industries and sectors, helping them navigate the complexities of software licensing, development, support and maintenance agreements.
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What is a software agreement?
A software agreement is a legally binding contract that sets out the terms and conditions under which software is licensed, developed or distributed. It outlines the rights and obligations of the parties involved, whether that’s a software provider and end user, or a client and developer. These agreements typically cover matters such as intellectual property rights, licensing scope, delivery timelines, payment terms, confidentiality, and limitations of liability.
There are several different types of software agreements, including:
- Software licence agreements
- Software development agreements
- Software as a Service (SaaS) agreements
- Software maintenance and support agreements
- Software reseller and distribution agreements
Each type of agreement requires a unique approach, depending on the nature of the software, how it will be delivered, and how it will be used. A robust software agreement helps ensure that expectations are clear from the outset and that both parties are legally protected.
How we can help
Our commercial and technology lawyers at Moore Barlow have extensive experience advising on all aspects of software agreements. We act for software developers, technology providers, agencies, and end users, delivering proactive, commercially focused legal support.
We can assist you with:
- Drafting and negotiating bespoke software agreements tailored to your business model and risk profile
- Advising on licensing terms, including scope of use, restrictions, and compliance
- Advising developers and clients on software development contracts, including Agile and Waterfall methodologies
- Reviewing third-party software licences to ensure terms are fair and balanced
- Advising on cloud-based solutions and SaaS contracts, including data protection and service level agreements (SLAs)
- Resolving disputes related to breaches of contract, IP infringement or failure to deliver
Whether you are launching new software to market, entering into a development partnership or procuring business-critical software, we offer clear, practical advice that helps you achieve your commercial objectives.
Why choose us?
At Moore Barlow, we understand the fast-paced and ever-evolving nature of the technology sector. Our lawyers combine legal excellence with genuine sector insight, allowing us to deliver pragmatic solutions that support innovation and growth.
Reasons clients choose to work with us include:
- Deep expertise in commercial contracts, with a dedicated team focused on technology law
- A strong track record acting for software developers, tech start-ups, scale-ups and established enterprises
- A collaborative approach that ensures we understand your business and priorities
- A reputation for clear and jargon-free legal advice that empowers clients to make informed decisions
- Offices across London and the South of England, serving clients nationally and internationally
Our goal is not just to protect your legal position, but to support your business in building strong, long-lasting commercial relationships through well-structured agreements.
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Supporting your business growth
Strong, clearly worded software agreements are a vital component of any technology-led business strategy. They safeguard your investment, reduce legal risk and foster successful commercial relationships. With Moore Barlow as your legal partner, you gain access to a team that understands both the legal and technical considerations involved in software contracts.
Speak to us today to find out how we can help you draft, negotiate or review your software agreements with confidence and commercial awareness.
Get in touch
If you need expert legal advice on a software agreement, contact our commercial and technology team today. We are here to provide tailored solutions that protect your interests and enable your business to succeed. Whether you are a software supplier or a user, we guide you through each stage of the process with confidence and clarity.
Contact us to arrange a consultation and find out how we can help.
We are here to help
Discover how our expert commercial and technology lawyers can help you.
Contact our commercial and technology team
FAQs: Software agreements
Do I need a software agreement if I’m using off-the-shelf software?
Standard or off-the-shelf software will be subject to an end-user licence agreement (EULA) or terms of use. As an end user, it is essential to review and understand these terms because they form a contract and impact how you can use the software, your data rights, and your obligations.
What should be included in a software development agreement?
A comprehensive software development agreement should include project scope, development methodology, key milestones, acceptance criteria, payment structure, ownership of IP, and confidentiality provisions. It’s crucial to have clarity on what happens if the project is delayed or underdelivered.
What is a SaaS agreement?
A Software as a Service (SaaS) agreement is a contract between a software provider and a customer that outlines the terms on which a cloud-hosted application is accessed and used. It often includes terms on uptime, data protection, support, and termination rights.
Can a software agreement limit liability?
Yes, most software agreements include limitation of liability clauses to cap the financial exposure of each party. However, these clauses must be reasonable under the Unfair Contract Terms Act 1977 and the Consumer Rights Act 2015 where applicable. Our team ensures limitations are enforceable and proportionate.
Who owns the IP in software development?
Ownership of intellectual property created during software development should be clearly addressed in the contract. Developers will generally retain all IP rights in the software and grant a licence to the end user. If the end user requires ownership then the contract should include a full assignment. We help ensure the agreement reflects your objectives for IP ownership and use.
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