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- From: d88-jwa@hemul.nada.kth.se (Jon Wtte)
- Newsgroups: comp.sys.mac.programmer
- Subject: Re: Advice needed
- Message-ID: <1992Dec14.162329.6780@kth.se>
- Date: 14 Dec 92 16:23:29 GMT
- References: <1992Dec13.062936.26772@midway.uchicago.edu> <1992Dec14.004417.22727@panix.com>
- Sender: usenet@kth.se (Usenet)
- Organization: Royal Institute of Technology, Stockholm, Sweden
- Lines: 54
- Nntp-Posting-Host: hemul.nada.kth.se
-
- In <1992Dec14.004417.22727@panix.com> gaillard@panix.com (Ed Gaillard) writes:
-
- >>2. If the company offer fixed percentage of their profit, how am I supposed
- >>to make sure they will keep their promise, since I don't have access to
- >>their balance sheet?
-
- >Your contract should specify how this is to be audited. BTW, if you
- >agree to a fixed royalty per copy (or a percentage of the sales,
- >rather than the profit), you will still have the problem of
- >verifying the sales figures and pricing.
-
- Let the contract specify that you DO have access to their
- bookkeeping. You have the program, right?
-
- >>3. Do I need a lawyer to make it legally binding?
-
- >Oh, yes. Definitely. You _need_ a lawyer. A little time and money
-
- And a standard contract shouldn't take more than say 10 hours
- for an experienced lawyer. Add the cost of the contract as a
- lump sum for the program. (If they don't want to pay, they
- shouldn't have the program)
-
- >>4. Any tips? Precautions? Suggestions?
-
- Yes. Don't go for a percentage, go for a fixed rate. Say $3
- or whatever per sold copy (plus the cost of a good contract
- initially, of course) Better yet, figure out how much time
- you have spent on the program, multiply by your hourly rate
- (say $50 for a cheap programmer, $100 for a decent one) and
- just seel off the source. If they want support, they pay for
- it later.
-
- That goes even if you sell it per copy; if they want support
- or changes, THEY PAY BY THE HOUR. Be a little tough; either
- they want the program and you should be rewarded, or the
- program is insignificant, and then you didn't lose much anyway.
-
- Oh, and be sure to make the contract say THEY assume full responsibility
- for any demands or suits caused by them selling the program. You
- just hand them the code (or duplicated disks, in case of a per-copy
- system) and make no warranty.
-
- Of course, I'm no lawyer, just a software designer who fortunately
- consulted with a (good) lawyer before signing anything.
-
- Cheers,
-
- / h+
-
- --
- -- Jon W{tte, h+@nada.kth.se, Mac Hacker Deluxe --
-
- This article printed on 100% recycled electrons.
-