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We are a software company based in the UK and have agreed to sell the source code of an e-commerce shopping cart software that we have developed to a company in the USA. The reason for the sale is the company have a business model where they will create 100's of shops using our software each with their own specific requirements, so it is more cost effective for them to buy the code and develop as they need.
We will continue to sell the software so it would have to be clear we retain the IP of the code etc, we would like a contract between ourselves and the company that will not allow them to use any or part of the software in another project, they agree not to create a competitor product based on our code, the contract would need an NDA clause where they could not share the code outside of their company. To summarize the contract will only allow them to use the source code within their own business for their agreed business model.
The above items are clauses we have thought of how...
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