201907.31
Off
2

Releases of Liability as Part of Licensing Deals – How Hard to Push?

Software publishers know that the vast majority of their customers are, to varying degrees, out of compliance with the terms of license agreements governing their use of the publishers’ software products. Especially in larger enterprises, managing and maintaining a company’s license position is a daunting and maybe even impractical task, especially given the increasingly complex…

201907.30
Off
1

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 Records clause is used in a software agreement without a software audit clause, it can lead to serious consequences. It…

201907.24
Off
1

Trust, But Verify with Third-Party Software Vendors

Enterprise-level software solutions often are very complex products requiring a level of expertise that may be outside the experience or skill sets of generalist IT teams. Many businesses therefore rely on the services of independent software vendors and consultants to evaluate their needs for particular solutions, to procure the required licensing, and to deploy and…

201907.23
Off
1

Control Software Audit Disclosures By Keeping an Eye on the Audited Entity

In many cases where we are retained to assist companies targeted for software audits after software-deployment data already has been submitted to the auditing entities, we have the regrettable obligation to let our clients know that they have disclosed too much. Over-disclosure can cost a company millions of dollars, and it is typically very difficult…