Cerno

About

It has become increasingly evident in recent years, that many of the Software Vendors have adopted tactics related to their Software License Agreements that are designed to confuse and obfuscate. It has become more and more difficult to unravel these agreements to establish if they are in fact "fit for purpose" or commercially acceptable on an ongoing basis. As a result there has been a rising level of dissatisfaction within the ranks of the software users that is demanding some redress. The client is a consultancy company that delivers specialist expertise relating to the very complex topic of Software License Agreements. What they provide: • Software Due Diligence - o A forensic analysis of the ongoing commercial and contractual arrangements that exist with your major software vendors. o The review will also examine precisely how the Client intended to use the software and establish what had been agreed with the Software Vendor at the time of signature. This is critical as the Vendor will often change clauses within the local ordering documentation in order to limit the Client’s use. • Avoidance of Non Compliance - o Based on many years experience they understand the main mistakes made by clients and how to avoid this pitfall o The major Software Vendors have been increasingly aggressive in pursuing Clients who they suspect might be using software licenses that have not been purchased in advance. Whether this is a mistake or by design, the penalties are swift and extreme. Conversely, if there is a mistake or incorrect information used in calculating the penalty that is deemed appropriate by the Software Vendor to be levied against the Client, there is no redress • Software License Agreement restructuring - o Discover precisely what software you are using and want to use in the future and ensure that the software license agreement reflects all your requirements o The customer is often required to re-sign a new Software License Agreement following a negotiation for a significant new order or a non-compliance resolution. It is at this time that many apparently minor changes are introduced that will have significant implications moving forward. • Deal Negotiation - o Detailed knowledge of software vendors allows them to understand the leverage the client has in any negotiation. o The importance of negotiation is rarely underestimated and many of our customers rightly believe that they have a high level of negotiating capability. The detailed knowledge that the client has of many of the major Software Vendors, allows them to understand the leverage that the customer has in any negotiation. This is not just the size or timing of an order but because they are constantly involved in these type of negotiations they are aware of what concessions are being offered by many of these software vendors. o A vigorous preparation is undertaken prior to any engagement. This is to ensure that whatever pressure is being applied to you the customer by the Software Vendor, the negotiation will begin when you are properly prepared and have a thorough understanding of your own position and that of the Software Vendor