ECM 1407 Software Contracts Flashcards
What is a contract and what does it set out to achieve?
Contracts are agreements between parties which can be enforced by law
It defines their aims, obligation and responsibilities, criteria for fulfilment, and procedures for resolving disputes
It involves a valuable consideration. Some benefit, right or profit for one party or some action or loss of benefit or money for the other party.
It has an intention to create legal relations.
The different types of software development contract
- Scope of work
- Client’s responsibilities
- Project control
- Copyright ownership
- Confidentiality
- Indemnity
- Warranty and maintenance
- Arbitration procedures
- Termination criteria
The contract must define the scope of work
Define the scope of work
The description of the work to be carried out in the project
It consists of what the project will produce (product scope) and the work needed to produce it (project scope)
- Product scope: the features and functions of the product to be produced. - Project scope: the definition of the work performed to deliver the product
What can change the scope of work?
- The client might want to change a feature or remove it;
- There might be errors in the initial definition of scope
Changes to the scope are an inevitability. It can lead to budget and timescaling adjustments
What is scope creep?
the scope of work grows, without any control, during the project’s development
- For example in game development: a feature asks for another feature
○ Many AAA studio videogames have been delayed (e.g.: Cyberpunk 2077, Marvel’s Avengers, Dying Light 2, FF7 Remake)
What triggers scope creep
- Poorly defined project scope
- Failure to capture all requirements
- Lack of project management practices
- Addition of unnecessary features
- The communication gap between project stakeholders
What does an indemnity clause do?
Defines an obligation by which one party engages to save another from a legal consequence of one of the parties, or of some other person
For example, the contract could define a protection for the client against copyright infringements by the supplier.