This Software Development Agreement (open source project option) is for use for a software development project that may be a new open source project. The agreement anticipates that the software will be developed using open source libraries and that the parties might agree (either at the outset of the project or at some later stage) that the software will be released as open source. If the client does not want the software released as an open source project, the client will own the intellectual property in the software.
The agreement includes an ‘Analysis and Design Phase’ from which key deliverables are produced including a design document. There is flexibility on what those key deliverables are, recognising that some or all aspects of this initial phase of work may have already been completed.
The development work is undertaken in a ‘Development and Deployment Phase’ with the Client undertaking acceptance testing once the development work is ready.