15Apr
Negotiating a Statement of Work: Key terms in a Statement of Work
Often, after signing a Master Service Agreement (“MSA”), a service provider and its client will memorialize the details of the project by crafting a Statement of Work (“SOW”). The importance of the terms in a...
13Apr
IBM Approves Limited Exceptions to ILMT Sub-Capacity Reporting
For more than a decade, IBM has allowed its end users to license IBM software products on a sub-capacity basis. For IBM licensing purposes, sub-capacity licensing required customers to accept the sub-capacity licensing terms (originally...
7Apr
Health Care Organizations Seeing Increased Audit Requests
During a global pandemic, health care organizations may have believed that they could focus solely on providing health-care services to their customary patient-base, along with those affected by COVID-19. Many of those organizations were surprised...
1Apr
Which is Better: Microsoft SPLA or Microsoft Self-Hosted Applications?
Many businesses that identify a need to acquire “commercial hosting rights” in connection with hosted solutions incorporating Microsoft software have two options for acquiring them: through a Services Provider License Agreement (SPLA) with Microsoft or...
30Mar
Disguised Software Audit Clauses
Agreements often contain clauses allowing the parties to review books and records, “Books and Records” clauses. These are often boilerplate clauses included in agreements without much consideration from the contracting parties. When a Books and...
25Mar
Software Audits: The Importance of Timely Completion of Post-Settlement Obligations
Software audits initiated by software publishers or representative entities, such as the Business Software Alliance (“BSA”) and Software & Information Industry Association (“SIIA”), are often resolved by an out-of-court settlement. The carefully crafted settlement agreements...
