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Trends In Software Industry

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However, that's why a software contract is so important in helping to address some of these complexities. While the international status of things like software license agreements can make things more difficult than necessary, a contract can still be your best solution for getting all the terms on the table and creating an environment of mutual trust between buyer and seller.



In essence, software licensing exists in order to try and protect those who designed the software and distribute it. Obviously, if you designed something, you don't want one person to buy it and then make a copy for all their friends. Perhaps even more importantly, you don't want that person to make a buck selling what is rightfully yours. Good software license agreements protect the interests of software developers while delivering high-end product to the end consumer. This is what a good software contract should be about.

Complicating the issue even further is the extent to which software can change hands from start to finish. A developer can design the software. A distributor can sell it at various different levels, which can lead to further distribution of the software, and so on. Each step of the way creates the need to determine the status of software license agreements: who owns what, and when they do own it, the terms of use they accept with that ownership. A good software contract takes all these factors into consideration.

Another issue to consider with respect to software license agreements is copyright, which gets into the question of whether software is a good or a service, and whether or not an intellectual property is associated with the software. In other words, when you transfer software to someone else, not only are you transferring a physical good in the form of a CD or Internet download, there are ideas and even words created which are owned by someone and can be protected by a software contract involving copyright. Taking this into account will help in resolving legal issues with software down the road.

The range of software license agreements needs also to be taken into consideration, as well as what can be done to them after the initial development is complete. A license agreement can be unique to one individual or company. This is called custom or bespoke software. Getting a license agreement hammered out with one entity can make things smoother, but is obviously less common. Standard license agreements accompany software which you can buy off the shelf, so that every person who ends up using it ends up signing onto the same software license agreements.

This leads to yet another distinction in this quagmire of software contract issues. Shrink-wrap end user agreements are those that users don't even get to see until they open up the product. While common in off-the-shelf software, they obviously limit the extent to which the end user has any choice before making purchase. Click-wrap end user agreements allow end users to essentially read the agreement before accepting the product. Anyone who has downloaded software on the Internet is familiar with these types of software license agreements.

Because the world of software licensing is so potentially complex, sorting out the terms before distribution can only help to protect your interests and even your profitability. The last thing you want is for someone else to profit from your hard work and creativity. It's why you should consider software license agreements as an integral part of a good software contract for your business.
Trends In Software Industry
By Hu Hongjun

Founder Group's laser scanning phototypesetting systems have been exported to such countries and regions as the United States and Great Britain; Evermore Software's office software products have entered the market in Japan, North America, and Africa successfully; UFIDA Software Co., Ltd.'s enterprise management software has entered the market in Southeast Asia On the INT'L SOFT CHINA 2007 held recently, domestic software products with independent innovations and software brands drew close attention from people and became one of the highlights of the exhibition.

In recent years, China's software industry has been growing rapidly in terms of scales and the average year-on-year growth rate of sales revenues has exceeded 40 percent. In 2006, revenues of the software industry amounted to RMB480 billion yuan while realizing exports worth US$6.06 billion. Various enterprises have boosted their strengths up evidently, there has accumulated 13,000 verified software enterprises, among which 35 enterprises realized their respective sales revenues of over RMB1 billion yuan with their software products. The software industry is becoming a new growth point for the national economy.

With the support of guiding funds from the government, enterprises and the society have been investing more in research and development. Breakthroughs have been made in succession in the dependent research and development of operating systems, database, middleware, Chinese Office software, and information security software.

Up till now, the Linux operating systems of such enterprises as Red Flag Software Co., Ltd. and China Standard Software Co., Ltd. have been applied in fields of e-government and industrial informationization; the performance of such Chinese word processing software as Kingsoft's WPS, Evermore's Office software, Founder's typesetting system has reached the internationally leading level. The middleware of enterprises like TongTech, CVIC Software Engineering Co., Ltd. (CVIC SE), Kingdee International Software Group Company Limited, and Primeton and the enterprise management software products of UFIDA Software Co., Ltd., Kingdee International Software Group Company Limited, Digital China Holdings Limited, FAW Qiming Information Technology Co., Ltd. and Newgrand Software Co., Ltd are all provided with remarked advantages in market competitions in respective key application fields. A batch of security software products with independent intellectual property rights, including Rising, Kingsoft, TOPSEC, VenusTech, and 30wish, have taken up the leading place in the domestic market.

Statistics from the market also show such a point. Up till now, domestic operating systems account for over 25 percent in the software purchase of governments at the provincial level while domestic office software (kits) seizes 60 percent of shares in the market; domestic security software seizes 97 percent of shares in the market. Such a fact has greatly improved domestic software's confidence in development and users' credit degree.

To make substantial breakthroughs, the key for China's software industry is to cultivate a batch of internationally competitive self-owned brands. Statistics show that in 2006, there were about 80 domestic software enterprises that had employed over 1,000 staff members; the number of enterprises achieving a total sales revenue of RMB1 billion yuan from software increased from 12 in 2002 to 35 in 2006; and enterprises achieving a total sales revenue of RMB100 million yuan from software amounted to 396.

Domestic software enterprises are getting increasingly internationalized. Software and information services outsourcing industry has been developing fairly quickly and become a new growth point for the development of software and information service industry. In 2006, the scale of China's software exports amounted to over US$6 billion and revenues from the outsourcing of software and information service amounted to about US$2 billion. A batch of enterprises focusing on exports and outsourcing business, including Neusoft Group Ltd., SinoCom Software Group Limited, Chinasoft International Ltd., iSoftStone Information Service Corporation (iSoftStone) and CompuPacific International are growing up rapidly and the level of their outsourcing services has been improved continually.

At the same time, exports of software products with independent intellectual property rights continue to increase while the profit margin has also been somehow improved.

The rapid rise of domestic software manufacturers has also attracted the attention for international software magnates. In this June, IBM set up a relation of close cooperation with Kingdee International Software Group Company Limited after it began its strategic cooperation with UFIDA Software Co., Ltd. Microsoft has also developed 6 strategic cooperating partners in China, including Inspur Group, Chinasoft International Ltd., and Digital China Holdings Limited, and the scope for the cooperation between Software and domestic enterprises gets aggravated continuously.

According to the development plan, sales for China's software and information service industry in the domestic market will continue to grow at the rate of 30 percent or so during the Eleventh Five-Year Period and break through RMB1 trillion yuan, a great target, with the exports amounting to over US$10 billion; a number of backbone software enterprises with a respective annual sale of over RMB5 billion yuan will come into being, and more famous software brands will be cultivated; breakthroughs will be made on key products and core technologies for domestic fundamental software, thus making it possible for China's capacity in the research and development as well as services of software products and systems to basically satisfy the requirements on the development of the national economy and the informatization of the society.

As to the capacity to make independent innovations, China will play an active role in promoting the research and development as well as the applications of various embedded software products, take the chance of implementing national key scientific and technological special projects and converge energies to make breakthroughs on such core technologies as operating systems, database management systems, and middleware software and cultivate a batch of famous software brands and backbone software enterprises with independent intellectual property rights.

As to the development pattern, the Ministry of Information Industry is exerting all its strength to encourage the development of the industry by adopting the software, intensify the amalgamation and development of software and hardware, guide and facilitate software enterprises to have close combination with the transformation of traditional industries and develop application products and systems that can meet the demands of enterprise informatization. In China's key projects like e-government, modern long-distance education, informatization in rural areas, digital television and digital Olympic, the implementation of demonstrative projects for the software industry will be organized.

As far as the construction of bases is concerned, governments at various levels will fully play the functions of bases as incubators and platforms, guide the formation of a system and a perfect industrial chain for the software industry that get integrated research and development, production, services, and applications, accelerate the formation of scale advantage, cost advantage, and technological advantages, and make great efforts to promote the cluster development of the software industry.

Moreover, as far as internationalization is concerned, studies are being conducted in China on the development of policies and measures that encourage software outsourcing; a system for exploring services in the overseas markets is being established from such aspects as export finance and promoting cooperation between enterprises so that software enterprises' outsourcing capacity will be improved and domestic enterprises will receive helps in their exploration in the market. In addition, multinationals are encouraged to set up production and R&D institutions in China so as to drive China's software enterprises to develop in a favorable and rapid manner.

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About Author
Both James Cochran & Chandan are contributors for EditorialToday. The above articles have been edited for relevancy and timeliness. All write-ups, reviews, tips and guides published by EditorialToday.com and its partners or affiliates are for informational purposes only. They should not be used for any legal or any other type of advice. We do not endorse any author, contributor, writer or article posted by our team.

James Cochran has sinced written about articles on various topics from Insurance for Property, Insurance and Certified Public Accountants. James Cochran is the founder of ContractEdge, a provider of legal forms and contract agreements designed specifically for IT professionals and contractors. Created by attorneys who specialize in Information Technology law, ContractEdge. James Cochran's top article generates over 27100 views. Bookmark James Cochran to your Favourites.

Chandan has sinced written about articles on various topics from Mergers, Self Improvement and Motivation. We are a team of Online marketing and SEO professionals. For more information visit Bookmark Chandan to your Favourites.
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