I also recommend that the license terms and conditions be as generous as possible. You should expect a non-exclusive license, as your partner will likely use their existing work in other client projects. However, you should be able to use what already exists in every possible way to achieve your business goals. For example, you should be able to use, reproduce, sublicense, and create derivative works of your partner if necessary to achieve commercial success with your broader software. Tip: Even if the client insists on ownership of the work product, the developer can usually include limited carve-outs for things such as open source components, third-party materials, etc. Ownership of the work product is a central theme of agreements with independent contractors. As a general rule, work performed by an independent contractor is the property of the contractor and not of the company. The exception is if it is considered a «plant for rent» described in the section below. • Third-party software: The developer may use third-party software (including open source software) to develop your software. You cannot own the IP in this case, but you must ensure that the developer communicates to you the third-party software they have used and either obtain a license to be used by you or, in the case of open source software, draw your attention to the conditions associated with such use. If a customer has a software development contract, quotas provide that the customer will own it.
If it is not specified to whom it belongs, the ownership will be decided by the conditions provided for in the contract, provided that it can be supplanted to replace the aforementioned standard rule. It can be tricky here. There may be circumstances in which an implied provision may establish the need for an assignment of copyright. . . .