Loading...
 
 
 
 
 
 

ATE - New software procurement risks, litigations & best practices

Views: 377 Published: 30 Apr 2012 Average Rating: unrated Print
 

Software procurement has become more risky and complex, from unpublicized new vendor practices and pending litigations – to many organizations' surprise. Inbound enterprise software licensing and former norms are now challenged by:

• web-only purported amendments (on pricing, usage rights, and other terms),
• aggressive vendor multi-year compliance audits,
• mergers among vendors and resulting attempted contract “standardization” and change efforts,
• changing technology and products during the license term,
• other changes

The costs, uncertainties, and career challenges of this new era are illustrated by over 3 dozen pending and recent lawsuits, that disclose quite divergent customer and vendor expectations, documents, and processes. This session will:

(a) analyze and summarize these recent, expensive, extensive surprises and fights and
(b) deliver recommended practical action items to “de-bug and upgrade” your software contracting

Our Expert:

Henry W. (Hank) Jones - A 30-year software lawyer, businessperson, and trainer, Henry W. (Hank) Jones, III has handled thousands of varied software licensing and development transactions from both customer and vendor perspectives.

Hank has worked full-time in-house at six companies, serving as head counsel or intellectual property officer at three global publicly-traded corporations. Hank has delivered over 200 presentations in 5 countries, conducted many in-house on-site contracting training sessions, and spoken on the new era of “Software Asset Management” at 5 recent national events. He is based at and works globally from Austin, Texas, as “memphishank.”

Our Host:

Craig Guarente - Craig is the President and founding partner of Palisade Consulting Group, LLC. Palisade and Craig provide clients with expertise and guidance through the enterprise software contracting process, compliance and software audits, and maintenance renewal engagements. Building on 15 years experience in the software industry, most recently as Global Vice President of Contracts, Business Practices, and Migrations at Oracle, Craig has been working with clients to help them establish long-term software management strategies and negotiate more favorable software license agreements that align with their business goals of lowering costs, reducing risk, while providing optimal flexibility.

In May 2012 Craig is scheduled to present at the IBSMA Software Asset Management Summit.

In addition to his work in the software industry, Craig is also a thought leader in the areas of contract administration, contract automation, outsourcing, and business process reengineering. Craig has been an advisor to companies all over the world helping them to optimize and streamline their contracting policies, practices, and tools. He has been a featured speaker at conferences for groups such as the International Association For Contract And Commercial Management (IACCM).





This content is only available to paid members.

Register Now
 

Related Discussions

Please sign in or register to post on this forum

 
Anonymous
2014-07-03 18:25:36

Amendment Expiry??

I came across a series of amendments to a SW Agreement which stated, "This Amendment, and the applicable terms of the Agreement shall expire on , ." It gav...
 
 
 
 
 
 
 
Replies: 6
Anonymous
2014-06-18 11:07:09

Shared Savings Programs

Does anyone have any contractual agreements with their suppliers on Shared Savings or Profit Optimization programs? We are in the process of renewing a contract with ...
 
 
 
 
 
 
 
Replies: 6
Anonymous
2014-04-29 13:47:13

Directors Duties

Party A (Buyer) enters contract with Party B (Supplier) for supply and maintenance of certain software 'X'. The contract states that no 'rights' may be assigned absen...
 
 
Replies: 1

Huawei Technologies
2014-04-08 02:06:31

Special clauses for ITO in comparision with other outsourcing (for example network equipment outsourcing)

There are clauses that generally apply for outsourcing such as transition, transfer (assets , HR), post-contract verification, exit, transformation, termination, SLA/K...
 
 
 
Replies: 2
Anonymous
2014-04-07 07:36:41

Definition of Non Trivial

We have a situation around a change in legislation resulting in lost revenue. The Contract states that either parties can propose to very the Charges in respect to non...
 
 
 
Replies: 2

Smith Assured
2014-03-03 05:19:59

Supplier excluding all liability?

"XXX shall not be liable to Reseller or Authorised Users for a matter attributable to Force Majeure, or damages of any nature arising from XXX's conduct under this Agr...
 
 
 
 
Replies: 3

Bluehaus Group
2014-02-18 00:28:24

Definition of Days

If "day/s" is not specified in the Contract, does it automatically be considered as calendar days or working days? The issue here has something to do with turn-around...
 
 
 
 
Replies: 3

The Boler Company
2012-07-27 12:54:16

FAR/DFARs

Does anyone have or know of a resource that summarizes each of the FAR/DFAR clauses?  I am looking to develop a quick-reference guide that will identify the subst...
 
 
 
 
 
Replies: 4

ESP Global Services
2014-05-02 09:40:33

TUPE - unreasonable Indemnity!

Hi Would appreciate any comments on clause 2 reference the requested indemnity from the Customer. Is it reasonable? Thanks,Mike TUPE 1. The parties acknowledge and ...
 
 
 
 
Replies: 3

Hatstand
2014-04-24 04:24:20

Invalid contract structure - 3 way agreement

Dear all, Posting this to get an idea if someone has had to deal with this type of scenario before - and what approach they took. The scenario is currently taking p...
 
 
 
 
Older entries »
Replies: 3