201909.19
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An Audit by Another Name: IBM’s new IASP Program

This year, IBM announced that it was going to present certain customers with the opportunity to participate in its new IBM Authorized SAM Partner Services (“IASP”).  In a recent webinar that it co-presented with KPMG, one of its approved IASP partners, IBM described the opportunity as an “alternative to an IBM audit.”  For IBM customers…

201909.05
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IBM’s Standard Audit Clause is a Time Bomb

It is standard practice for software vendors to include clauses in their license agreements giving the vendors the right to invoke audits or some other mechanisms to ensure that the licensed products are used in a way that is consistent with agreed licensing restrictions. Most software consumers would agree – perhaps grudgingly – that such…

201908.29
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Be Wary of Certain ISV and Embedded Software Agreements

It is common for software solution providers to use third-party products to support the functionalities those providers have developed for their solutions. For example, a network-monitoring solution may incorporate IBM Cognos functionality, or an accounting solution may incorporate a Microsoft SQL Server database. Increasingly, in today’s market, those solutions are hosted over the Internet, and…

201908.15
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Avoid Pitfalls When Deploying ILMT for IBM Software

IBM software is expensive. In some cases, very expensive. While this may represent a necessary cost of doing business for many companies with mission-critical software solutions developed on or using IBM applications, all IBM customers clearly are incentivized to maximize the value of their software expenditures with Big Blue. For an increasing number of those…

201908.13
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Don’t Short-Sheet the Internal Analysis in an IBM Audit

One of the most critical steps of any business faces in any software audit is conducting an internal analysis of deployments to entitlements, preferably before any audit data is shared with the auditors. That internal review serves several purposes, including (1) identifying deployments for which a company’s license documentation may be lacking, thereby giving the…

201904.04
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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…