201609.14
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Responding to Autodesk Audits

The BSA and SIIA are not the only organizations pursuing business for software copyright infringement. Though it is a member of both the BSA and SIIA, Autodesk, which manufactures the popular design software AutoCAD, often pursues audit targets on its own. The audits begin much like those instituted by the BSA or SIIA. The target…

201609.06
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The Best Defense is a Good Offense: How the Certification Revisions will Help Reduce Licensing Liability for MSPs

MSP Alliance offers the oldest certification program for cloud computing and managed services providers, MSP/Cloud Verify Program (MSPCV), based on ten control objectives of the United Standard for Cloud & MSPs (UCS).  One set of questions incorporated into the UCS earlier this year will help MSPs identify potential licensing risks and will allow the MSP…

201606.14
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The Importance of Escrow Agreements in Software and Technology License Agreements

Julie Machal-Fulks, Texas Lawyer, June 2016 Some of their most integral software applications businesses use are under another party’s control. When each party is upholding its end of the licensing bargain, these relationships can be long-lasting and useful. But, in some instances, the licensee can no longer access software on which it relies because the…

201601.07
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Customers Using Software Recently Acquired by IBM Should Proceed with Caution

In 2015, IBM acquired no fewer than 11 software and services companies.  Many software customers are surprised that after IBM purchases a company, IBM often significantly changes the license terms of the products.  For some customers that have purchased unlimited or site licensing with the prior software publishers, IBM’s changes can be surprising and expensive….

201512.27
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Oracle Minimum License Requirements

For many Oracle products, like Database, the license agreement or ordering documents contain minimum license requirements. Often, quantities of licenses necessary to satisfy the minimum licensing terms varies based on the edition of the license in question. For instance, customers are required to purchase additional Oracle Database Standard One Edition and Standard Edition Named User…

201512.27
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Unlimited License Agreements for Oracle Products

Technology departments are continuously looking for ways to reduce costs related to software. Many larger enterprises are considering licensing software products on an enterprise-wide basis. For Oracle products, an unlimited license agreement (“ULA”) approach can be beneficial in terms of license management, but the transition from a ULA back to limited licenses can present problems…