Hello- I am having a web application built in India by some developers. What do I need to have them sign, so that 1. I own all the code/graphics and so on... 2. They can't resell the code they just developed for me to someone else. 3. They can't tell anyone they developed it. I believe this is a NDA agreement. I'm not very up-to-date on the legality of all of this, so thanks for any advice you can give.
As them to Sign an NDA. Ask them a Written and Signed Statment that they will not resale, republish and reuse the code. Ask them to Confirm that they will not Encode the code...
Will just having them sign a written statement hold up in court if I need to enforce it? Shouldn't I have them sign a contract that states that and if so what is that contract called? What does encode the code mean?
Thanks for the reply. I guess what I was looking for was what you call a contract like that, so I can go out on the web and find one to customize. I just don't know what to search for. Thanks
The name is not so important. Call it whatever it is: Website Design Agreement or Software Design Agreement or simply Agreement The name is not important. It is important that you clearly spell out all the important elements of the deal: What work is to be done and by whom, for how much money, by when, and who owns what at the end. Detail everything that is of concern to you. If you want it clear that any graphics created for the project are to by owned solely by you, then include a section that states that clearly. Someone reading the contract should be able to tell clearly what was intended. Of course, it matters little in real life, since you most likely would never be able to bring a suit against an Indian designer - it is simply not cost efficient to end up in litigation against a foreign entity.