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Is it resulting by the assumtion I was hired by a company as software developer then I have to give source code to the payer?

As a software developer once I had the impression that partner company not only wants me to develop a software, but because they have not a clue about my field, rater they want learn framework from my code. From other side I did not felt I can learn anything from them, they kept strict secrecy, shared with me only the minimal documentation / info, changed back to their native language as soon as sensitive business topic came up.

Can you imagine a condition of a contract is drawn up that I make binary code / framework, what they are allowed to use only in their application, but I take the responsibility that code satisfies specification, it is tested and for a certain period in the future I will fix bugs come up?!

closed as off-topic by The Wandering Dev Manager, Jim G., gnat, user8365, Garrison Neely Oct 9 '14 at 14:20

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    Voting to close, this is about the wording of a contract, you need a lawyer for this. – The Wandering Dev Manager Oct 9 '14 at 5:34
  • I just want to know how fellow programmers arrange situation like this, and of course official relationships are filled into contract. – János Oct 9 '14 at 5:55
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    You'd probably be better asking on freelancing.stackexchange.com, it's about contracting – The Wandering Dev Manager Oct 9 '14 at 5:58
  • I can imagine such a contract; certainly many companies do sell object code only. However, I can't imagine a company agreeing to this when dealing with either a contractor or an employee, and asking for it would be a good way to ensure that someone else gets the job. – keshlam Oct 10 '14 at 0:18
  • Yes this can be done, but the time for spelling out the contract, deliverables, statement-of-work is when you get hired, not later. Also, customers will tend to pay less for binary APIs, link-libraries etc. than source. So you need to do your homework. – smci Sep 12 '18 at 0:50
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You can negotiate whatever terms you like in a contract so long as the two parties agree (legal requirements not withstanding) but I can't imagine any scenario where a serious business would pay for software development and not receive the source code.

There may be exceptions, especially in the one man band freelance market but most people are going to require the source. What happens when you're off the scene pursuing your career elsewhere, how do they continue supporting their investment?

If you're a full time employee forget about it. Your company almost certainly owns that code.

Note that it's all very different if you're selling software or solutions. But you appear to be selling your time as a developer for bespoke products.

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Can you imagine a condition of a contract is drawn up that I make binary code / framework, what they are allowed to use only in their application, but I take the responsibility that code satisfies specification, it is tested and for a certain period in the future I will fix bugs come up?!

Certainly I can imagine such a thing. You can write a contract for virtually anything.

Often libraries/subsystems are sold that way. The customer purchases the system, but the vendor retains the source code. The customer may purchase a maintenance contract as well.

But usually that arrangement is made when the vendor sells the library to more than one customer. Here, it appears that you are developing code solely for a single customer's use, and you aren't free to sell it to others. In my experience, what you are proposing would be very unusual.

You will likely need a lawyer to help you draw up a contract, and perhaps to negotiate it with the customer as well. You need to be very careful about the rights to the software and the specifics of your responsibilities regarding satisfying the specs, testing, bug fixes, and support.

If you aren't extremely experienced in this particular contractual arrangement, don't try to go on your own without legal advice.

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