201705.03
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Negotiating Technology Contracts – Insurance Requirements

One of the most overlooked sections in a technology-related contract is the insurance section. Whether that contract involves IT services, development, Software as a Service or Cloud Services, the insurance section is just as important as the other risk-allocating provisions contained in the contract. Yet, in most of the contracts in the industry, the original…

201704.25
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Negotiating Contracts: 12 Key Terms to Negotiate in a Software as a Service or Cloud Service Agreement

Software as a Service and Cloud Service offerings have become ubiquitous digital platforms for many enterprises and small businesses in their quests to provide a single unified platform to their employees and customers. Providers offering Software as a Service and Cloud Services allow end users to access software and infrastructure remotely from any location and…

201704.10
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How to Contend with Oracle’s Many Licensing Policies

It is common practice for software publishers to incorporate by reference various licensing rules and policies to govern the usage of the publishers’ software products. For example, Microsoft’s volume license agreements (such as MPSAs or Enterprise Agreements) incorporate Microsoft’s Product Terms, Online Services Terms and Service Level Agreement for Online Services (among other documents), with…

201703.15
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Oracle Licensing: Hard Partitioning and Disaster Recovery

When licensing Oracle products, many businesses fail to understand the licensing requirements for virtual technologies and disaster recovery.  These licensing mistakes can result in significant unbudgeted expenses related to Oracle software licensing. (1) Virtualization Virtualized hardware is now fairly pervasive in the IT world. But, incorrectly virtualizing an environment can have catastrophic effects to a…

201703.14
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Oracle Audit Risks

Oracle maintains what I consider to be the most aggressive audit program of any major software publisher. Its licensing rules can be extremely difficult to understand, and they frequently are not clearly stated in the applicable license agreements. Moreover, Oracle’s License Management Services (LMS) team typically is unforgiving when it comes time to apply those…

201702.14
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Settlement Structuring for IBM Audits

Software-compliance audits initiated by IBM can be extremely burdensome and time-consuming and can force companies to face challenges that are somewhat unique among major-publisher audits. For one example, a significant component of IBM’s business model is the acquisition of other software vendors and the integration of those vendors into IBM’s product portfolio, which can complicate…