Intellectual Property Rights
In order to deliver systems at competitive prices, we will, in almost all cases make use of a range of software ‘building blocks’ that we've developed and tested in previous projects.
This software represent over two years worth of development, much of which we funded ourselves. Using this code greatly reduces the cost of projects as common features do not require development from scratch.
Our aim when it comes to assignment of Intellectual Property Rights is to provide a balance between the need for clients to have flexible IP rights that allow them to use the software as required and our own need to move code between projects without restriction.
As such, the following IP rights are offered as standard on the projects we develop. Should you require a different arrangement, please contact us directly:
- We offer clients an irrevocable license to use the software developed for them within their project. We charge no ongoing licence fees, the software can be used indefinitely.
- In addition, we don't want our clients to feel 'stuck' with us. The only reason we should have your continuing business is because we've given you outstanding service and value.
So, to ensure you're not trapped, we grant you the client, the right to use other development firms to make modifications to your site. The only restriction we place on this is that these developers do not have the permission to use the software we've developed in any projects other than yours. We commit to provide the software in an unencrypted format to enable its use by third party developers should this be required.
- In addition, we acknowledge that all data generated by you and the users of your website is your property as a client and Alliance Software has no claim on this data.
- The restriction we do place is that unless otherwise agreed in writing at the start of the project, any software we build can only be used on one domain name (excepting the case where multiple domains point to the same web site). Written permission (and generally a license fee) is required to create additional web sites based on the software we've created for you.
How Do We Compare With
Other Firms In Terms Of IP Rights?
The allocation of Intellectual Property rights varies widely in the web development community. Some of the 'danger' signs you should be aware of when selecting a web developer are:
- IP Claims on data - if we have the opportunity to build you a web site, you will be the sole owner of the IP on any data you supply or data that is generated by your clients.
Other companies (including large, well known IT providers) routinely claim IP ownership of all data within systems they build. What does this mean? Well, if you don't own the IP for your data, then it can be taken from your or you can be charged to access it. We've seen it happen!
- Ongoing licence fees - to date, we've never charged an ongoing licence fee for the use of any of our products. Ongoing licence fees can be reasonable if the up front cost is significantly reduced. However, be sure that you're not being trapped into paying exorbitant fees down the track.
- Freedom to change developers - some technology providers make it very difficult to use other development firms should the need arise. They do this by encrypting the software or by including exclusivity clauses in their contracts. Be sure you don't get trapped by this.