Draft Software Agreement in Washington for Software & IT Services Business
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Software Agreement
Washington
Business
Software & IT Services
Less than a week
$1 - $2,500 (Flat fee)
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Software Agreement
California
Can I modify a software agreement to add additional terms and conditions that are specific to my business?
I am a small business owner who recently purchased a software application for my company's operations. The software agreement provided by the vendor includes some general terms and conditions, but I would like to add specific clauses that address the unique needs and requirements of my business. I want to know if it is legally possible for me to modify the software agreement to include these additional terms and conditions, and if so, what steps should I take to ensure that the modified agreement is enforceable and protects my business interests?
Dolan W.
Hello! Thanks for coming to contractscounsel.com'. To modify a contract legally, the following requirements must be met: All parties to the contract must agree to the modification. This means that both parties must sign and date the amendment to the contract. The parties to the contract need new consideration -- something of legal value -- to modify a contract. For example, if a party wants more money for something they would need to provide additional performance in exchange. A writing is not required for a modification, but it is recommended. In this case, without offering something additional to the software application developer and without the developer's consent for something like this, then legally speaking, modifications would be invalid. I recommend coming to this site and having us incorporate the suggested modifications. Best of luck! Dolan
Software Agreement
Texas
Can I modify a software agreement to remove certain clauses that I find unfair?
I am a small business owner who recently signed a software agreement with a large software company. However, upon closer inspection, I have realized that there are certain clauses in the agreement that seem unfair and heavily favor the software company. These clauses include limited liability, indemnification, and a lack of warranty. I am wondering if it is possible for me to modify the agreement to remove these clauses or negotiate a more balanced agreement with the software company.
Darryl S.
Certainly you may modify the agreement, however, you must get the other side to agree in writing to the changes. And you should modify elements that you view as unfair or unreasonable.