Continuum Law
(619) 338-0400
402 W. Broadway Suite 400 ♦ San Diego, CA 92101

Software

 

        We have dealt with virtually all aspects of the business of software. Our experience ranges from the simple shrink-wrap license to complex licenses at multiple licensee locations. We have remained up to date with the latest trends as they have evolved, such as software-as-a-service and “cloud computing.”

 

        We develop strategy and negotiate transactions for a wide range of business opportunities. These opportunities include software development, software licenses, international licensing, development agreements, consultant agreements, and software protection.

 

        We craft software protection to account for the technical aspects of each situation as well as the client’s revenue model.

 

Software Licenses

 

        Our objective is to facilitate dealings between licensee and licensor, and to protect your assets and bottom line. We can license an “app” or a game on behalf of an individual designer. We have also concluded complex licenses in which a client could maximize its license fees on its proprietary code while avoiding making any improper charges for use of “open source” code included in a software package.

 

        We often encounter situations in which the customer of a software development company wants complete ownership in the developed program. We have found various ways to accommodate the need of the customer while making sure that the developer does not lose exclusive rights in its most important proprietary software modules.

 

        We have many different methods of removing obstacles to successful software deals.

 

International Licensing

 

        We have years of experience preparing software licenses for American companies with customers in North America and around the world. We work to protect your rights so that you may maximize the return on your investment in software development.

 

        Different societies have made different choices regarding the nature of software ownership. In the European Community, even where an agreement grants only a license for software, ownership of the software may be granted to the customer by operation of law. Our carefully constructed licenses account for the laws of other countries, in order to avoid serious and harmful unintended consequences.

 

        We appreciate the significance of “localization.” We work to construct the license to function properly within multiple legal systems when necessary.

 

Development Agreements

 

        We work with clients to structure development transactions that will meet their needs. For example, an individual consultant may develop software for a company. Alternatively, a company may license software to a licensee, and the licensee may develop and distribute further programs based on the software.

 

        By accounting for the needs of both the licensor and licensee, we help to encourage a long term relationship and help prevent future disputes.

 

Consultant Agreements

 

        Continuum Law represents both companies retaining consultants and consultants performing contracts for larger companies.

 

        Through intimate knowledge of the consulting process and obtaining the experience of working on countless consulting agreements, we readily address the straightforward aspects of the arrangement, analyze clauses where problems traditionally appear, and work to resolve differences. We seek to advise the client as to risks associated with particular aspects of a deal that must be undertaken in order to obtain the business. In this manner, the client can evaluate the deal in terms of his or her own business values.