Buying chargers does not buy their firmware: unless the contract says otherwise, it stays the developer’s property and the buyer holds only the right to use it in the units purchased. A well-drafted contract settles six points in writing: who owns the firmware, what licence the buyer holds, who may modify it, the update-supply duty during an agreed support life, end-of-support notice, and any source-code or escrow backstop.
Key Takeaways
- Paying for chargers — or a custom build — does not transfer firmware ownership; the contract decides.
- Six clauses carry the weight: ownership, licence scope, modification rights, update duty, support life, escrow.
- An update promise is only useful when it names update types, models and a support period.
- End of support should be choreographed: notice, last-release rights, documentation handover.
Ownership and Licence Are Different Things
Firmware ownership follows the paperwork, not the purchase order. Paying for hardware — even paying extra for a customised build — normally buys a licence, not the underlying rights. An owner can modify, extend and re-license the code; a licensee can only do what the licence permits. Our guide to NDAs, NNN agreements and tooling ownership applies the same principle to moulds and designs.
For most importers and brands a licence is enough — if it matches the business: every unit you buy, under your own brand, in your territories, for the product’s selling life, surviving a sale of your business. Silence on territory or transfer becomes a renegotiation later.
The Clauses That Decide the Firmware Questions
| Clause | What it settles | What to pin down |
|---|---|---|
| Ownership of firmware IP | Who holds the rights in the code itself | Named owner; whether a paid custom build assigns any rights, or none |
| Licence scope | What the buyer may do with the firmware | Units covered, brand use, territory, duration, transfer to a successor |
| Right to modify | Who may change behaviour and settings | Whether modification is reserved to the supplier; the buyer’s configuration rights |
| Update-supply duty | Whether updates are promised at all | Covered update types — security, compatibility, features — and which models |
| Support life and end of support | How long the duty runs, and how it ends | Agreed period, advance written notice, right to keep using the last release |
| Source code and escrow | A backstop if the supplier cannot support the product | Whether code or build documents are deposited, and what releases them |
Treat each row as a question the contract must answer — a stated “no” beats silence.
Updates During the Support Life
The update clause is where the duty becomes measurable. Write down which categories the supplier will provide during the support life — at minimum, fault and security fixes for the connected functions — and which are discretionary, such as new features. Name the models and hardware revisions covered. Add a notice duty for each release. If the supplier may push updates to units carrying your brand, say whether your approval comes first. A contract that only says “supplier provides firmware updates” promises almost nothing enforceable.
End of Support and Exit
Every support duty ends, and the contract should choreograph the ending: an agreed minimum period, written notice well before the date, confirmation that installed units may keep running the final release indefinitely, and documentation handover. Escrow belongs in this conversation. Depositing source code or build materials with a neutral third party, released on defined events such as the supplier ceasing business or abandoning support, is one option type buyers use for products they cannot maintain themselves. Whether it fits depends on your products and engineering capacity — negotiated case by case.
Firmware Terms With EVDANCE
EVDANCE is a Shenzhen EV charger manufacturer founded in 2011, exporting to more than 30 countries, with private label from 100 units and a 3-year standard warranty. Its connected range includes the EV-ACT3204E wallbox (RFID and app, as listed) and the EV-AC03201T dual-connector station (OCPP 1.6J, as listed). No listing states a firmware policy — ownership, licence scope and update duties are programme terms, settled in the OEM and private-label discussion before a build starts. Raise them via our contact page; have your own counsel review the final wording.
Frequently Asked Questions
Does paying for a custom firmware build make us the owner?
Not by itself. Payment buys the deliverables the contract describes; ownership transfers only where the contract assigns it in writing.
What should an end-of-support clause include?
An agreed support period, advance written notice of the end date, the right to keep using the final release on installed units, plus documentation handover. Escrow terms, where agreed, sit in the same clause.
Can we modify the firmware ourselves?
Only if the contract grants modification rights and the means to use them. Unauthorised changes can also break the link between the product and its certification file, which rests on the tested configuration — the document side of the issue our piece on who owns the certificate in a private-label charger covers.
Related Reading
- NDAs, NNN Agreements and Tooling Ownership With a Chinese Factory
- Who Owns the Certificate in a Private-Label EV Charger?
- EV Charger Factory Audit Checklist for Importers
Sources & Standards
Related: Where to Source Integrated EV Chargers with Factory-Direct R&D Support
