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Home Q&A Forum Can I modify a software agreement to add additional terms and conditions that are specific to my business?
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Software Development

Software Agreement

California

Asked on Oct 29, 2024

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?

1 Attorney answer

Answer

Software Development

California

Answered 32 days ago

Dolan W.

ContractsCounsel verified

Business Lawyer
Licensed in California
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5.0 (54)
Member Since:
September 8, 2024

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

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