Software/Website Licensing and Support
There are numerous options for agreement between the customer and Mingulay Technologies Ltd concerning the precise details of the software licensing and support. We prefer to have these agreed in advance and entered in the work contract prior to commencement of software development. Naturally the precise details of the licensing and support agreement affect the price that we charge for any piece of work. We remain very flexible in regard to considering different forms of software licensing and support agreement. In particular we appreciate that different customers have greatly varying needs in this respect. Our goal is to ensure that both the customer and Mingulay Technologies Ltd fully understand the details of their respective commitments and rights concerning the particular software development.
Note: The term software throughout this document shall be taken to be inclusive of any websites or databases.
The possibilities for licensing and support are as follows:
Software/Website Licensing *
Basic - License Agreement
Our most basic form of license agreement for our software development contracts consists of a full site license for the customer.
This includes the following:
- This allows the customer to distribute unlimited copies of the software (and associated documentation) within their principal site. The principal site should be named within the work contract.
It includes the following limitations:
- Software (and associated documentation) cannot be resold.
- Software (and associated documentation) can only be distributed upon the named principal site. An exception to this is where use is purely for demonstration purposes or where the software must be installed temporarily at an external site for business purposes.
- Source code for the developed software will not be released to the customer.
- Mingulay Technologies Ltd reserve the right to distribute the software developed. Where limitations may be required to this due to any possible infringements of the customers intellectual property rights then these should be documented within the work contract.
- Mingulay Technologies Ltd reserve the right to make use of the software source code concerned and also to further develop the software.
- Unless otherwise agreed all intellectual property rights concerning the software design are the sole property of Mingulay Technologies Ltd.
Intermediate - License Agreement
A form of license agreement for our software development contracts that allows the customer greater rights and freedom consists of an intermediate license for the customer.
This includes the following:
- This allows the customer to distribute unlimited copies of the software (and associated documentation) with no limitations.
- Software (and associated documentation) can be resold with no limitations.
It includes the following limitations:
- Source code for the developed software will not be released to the customer.
- Mingulay Technologies Ltd reserve the right to distribute the software developed. Where limitations may be required to this due to any possible infringements of the customers intellectual property rights then these should be documented within the Work Contract.
- Unless otherwise agreed all intellectual property rights concerning the software design are the sole property of Mingulay Technologies Ltd.
Full Source Code Release - License Agreement
A form of license agreement for our software development contracts that allows the customer greater freedom consists of a full source code release license for the customer.
This includes the following:
- This allows the customer to distribute unlimited copies of the software (and associated documentation) with no limitations.
- Software (and associated documentation) can be resold with no limitations.
- Full source code for the developed software will be released (in CD format) to the customer. The customer has the right to further develop the software concerned and to make further use of the source code concerned.
It includes the following limitations:
- Mingulay Technologies Ltd reserve the right to make use of the software source code concerned.
- Unless otherwise agreed all intellectual property rights concerning the software design become the property of the customer. Where existing intellectual property rights of Mingulay Technologies Ltd have been used as input into the software design these will remain the property of Mingulay Technologies Ltd.
Software/Website Support
Basic - Software Support Agreement
Our most basic form of software support for our software development contracts consists of a full commitment to resolve any faults within the software developed.
This includes the following points:
- Mingulay Technologies Ltd commit to fixing any faults within the software that we have developed.
- Faults must be clearly described and they must be reproducable. This enables us to ensure that the fault is due to our software and not third party software, operating system failures or hardware failure.
- Faults must be reported to us through a named individual within the customers organisation. This individual will also be responsible for receiving any updates and fixes to the software. This named individual will also be responsible for maintaining version control (of both software and associated documentation) within the organiation.
- Mingulay Technologies Ltd do not commit to fixing faults that occur on platforms (either hardware or software) that are outside those described within the original (or ammended) Software Specification document.
- Mingulay Technologies Ltd commit to fixing any faults as quickly as possible. However, the more notice given, the better we can plan, and the faster we can resolve problems.
- Mingulay Technologies Ltd do not accept any liability due to either loss of data or of working time due to faults within our software.
- The same named individual will also handle any technical questions regarding the functional operation of the software.
- Mingulay Technologies Ltd will not commit to handling faults or answering technical questions from any person other than the named individual within the organisation. Where exceptional circumstances occur we will endeavour to remain as flexible and helpful as possible.
- If the work contract includes a specified commitment to performing a period of testing by representative users at the customers site then this must have been satifactorily completed in order that Mingulay Technologies Ltd will commit to further fault fixing.
- There must be a clear distinction between any technical faults within the software and required functionality changes to the software. Mingulay Technologies Ltd will often make requested minor changes to the functionality of software at no additional charge to the customer. This decision remains at the discretion of Mingulay Technologies Ltd.
NB: All of the above points are merely intended to clarify and define the contractual obligations for both Mingulay Technologies Ltd and the customer. We remain dedicated to satisfying the customers needs, and we will often perform work outside the extent of our contractual obligations in order to achieve this.
Full - Software Support Agreement
Our full software support agreement for our software development contracts consists of the same terms as those in the basic software support agreement with the addition of phone and email based technical support to all users concerning the technical functionality of the software developed.
* Where no documented Work Contract has been formulated then Mingulay Technologies Ltd will be working within the terms of the Basic - License Agreement described above.
Mingulay Web Design
Phone - 01663 745 119
Mobile - 077 52 53 59 68
