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Software Ownership Transfer Agreement

Software Ownership Transfer Agreement Template for New Zealand

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Key Requirements PROMPT example:

Software Ownership Transfer Agreement

"I need a Software Ownership Transfer Agreement for transferring a custom-built e-commerce platform from my development company to a retail client, including a 3-month transition period for knowledge transfer and bug fixes, with completion planned for March 2025."

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Document background
The Software Ownership Transfer Agreement is essential when transferring full ownership rights of software assets between parties under New Zealand law. This document is typically used in scenarios such as company acquisitions, asset sales, or when transferring internally developed software to clients or other entities. The agreement comprehensively covers all aspects of software ownership transfer, including intellectual property rights, source code, documentation, and related assets. It ensures compliance with New Zealand's legal framework, particularly the Copyright Act 1994 and Contract and Commercial Law Act 2017. The document includes crucial provisions for warranties about software functionality and ownership, indemnifications, and handling of third-party components. It's structured to protect both transferor and transferee interests while ensuring a smooth transition of all software-related assets and rights.
Suggested Sections

1. Parties: Identifies and provides full details of the transferor (current owner) and transferee (new owner)

2. Background: Establishes context, including current ownership status and intention to transfer

3. Definitions: Defines key terms used throughout the agreement, including technical terminology

4. Subject Matter of Transfer: Clearly identifies and describes the software being transferred, including all components and versions

5. Transfer of Ownership: Details the legal transfer of all intellectual property rights, including copyright and patents

6. Transfer Price and Payment: Specifies the consideration and payment terms for the transfer

7. Completion and Delivery: Outlines the process and timing for completing the transfer and delivering all software components

8. Warranties and Representations: States warranties regarding ownership, non-infringement, and software functionality

9. Intellectual Property Rights: Detailed provisions about the transfer of IP rights and handling of any third-party IP

10. Confidentiality: Obligations regarding confidential information and trade secrets

11. Liability and Indemnification: Addresses liability limitations and indemnification obligations

12. General Provisions: Standard boilerplate clauses including governing law, notices, and entire agreement

Optional Sections

1. Transition Services: Include when the transferor will provide support during a transition period

2. Source Code Escrow: Include when source code will be held in escrow for security

3. Employee and Contractor Non-Solicitation: Include when protecting against poaching of key personnel

4. Training and Knowledge Transfer: Include when the transfer includes training obligations

5. Third-Party Licenses: Include when the software incorporates third-party components

6. Maintenance and Support: Include when ongoing maintenance services will be provided

7. Data Protection: Include when the software processes personal data

8. Export Control: Include when the software is subject to export regulations

Suggested Schedules

1. Schedule 1 - Software Description: Detailed technical specification of the software, including all components and versions

2. Schedule 2 - Intellectual Property Rights: Complete list of all IP rights being transferred, including registrations and applications

3. Schedule 3 - Third-Party Components: List of all third-party software components and associated licenses

4. Schedule 4 - Known Issues and Limitations: Documentation of known bugs, issues, and limitations of the software

5. Schedule 5 - Technical Documentation: List of all technical documentation being transferred

6. Schedule 6 - Customer Contracts: If applicable, list of customer contracts being assigned

7. Appendix A - Transfer Completion Checklist: Checklist of all items to be delivered and steps to be completed

8. Appendix B - Source Code Inventory: Detailed inventory of all source code files and repositories

Authors

Alex Denne

Head of Growth (Open Source Law) @ ¶¶Òõ¶ÌÊÓƵ | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

alex.den.21@genieai.co
Relevant legal definitions








































Clauses



































Relevant Industries

Information Technology

Software Development

Financial Services

Healthcare Technology

E-commerce

Professional Services

Manufacturing

Education Technology

Telecommunications

Digital Media

Gaming Industry

Relevant Teams

Legal

Software Development

Information Technology

Compliance

Intellectual Property

Product Management

Executive Leadership

Operations

Engineering

Risk Management

Relevant Roles

Chief Technology Officer

Legal Counsel

Software Development Manager

Intellectual Property Lawyer

Software Engineer

Product Owner

Chief Executive Officer

Chief Legal Officer

Contract Manager

Technical Director

Chief Information Officer

VP of Engineering

Software Architect

Technology Transfer Officer

Compliance Officer

Industries






Teams

Employer, Employee, Start Date, Job Title, Department, Location, Probationary Period, Notice Period, Salary, Overtime, Vacation Pay, Statutory Holidays, Benefits, Bonus, Expenses, Working Hours, Rest Breaks,  Leaves of Absence, Confidentiality, Intellectual Property, Non-Solicitation, Non-Competition, Code of Conduct, Termination,  Severance Pay, Governing Law, Entire Agreemen

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