+ILTA White Paper: Licensing Task Force Report
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“ Cover”
Best Practices in Licensing Agreements Prepared by ILTA’s Licensing Task Force ILTA Report April 2010
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“ In This Report” (page 1)
BEST PRACTICES IN LICENSING AGREEMENTS In This Report 4 SOFTWARE-RELATED AGREEMENTS: WHAT THEY ALL HAVE IN COMMON 10 ADVICE FOR PURCHASERS: BEST PRACTICES FOR REVIEWING AND NEGOTIATING AGREEMENTS 18 ADVICE: BEST PRACTICES FOR MEMBERS TO MANAGE AGREEMENT COMPLIANCE 20 OVERVIEW OF MICROSOFT LICENSI...
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“ The ILTA Licensing Task Force Mission” (page 2)
The ILTA Licensing Task Force Mission The goal of ILTA’s Licensing Task Force is to provide a set of standard definitions and best practices readily understandable by all parties involved in contract negotiations, so that ILTA members and vendors have a simpler and more consistent process. The pu...
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“ Software-Related Agreements: What They AllHave in Common” (page 3)
Software-Related Agreements: What They All Have in Common H 4 ere is a list of elements that we recommend be included in each of the three types of agreements discussed in this publication. • Fees and Payment: Clear description of fees and payment terms, including: •Description of how and when yo...
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“ Advice for Purchasers: Best Practices for Reviewing and Negotiating Agreements” (page 9)
Advice for Purchasers: Best Practices for Reviewing and Negotiating Agreements Y 10 ou will be in a stronger position to negotiate software-related agreements if you start with a disciplined process for evaluating purchases. We recommend that you do the following: • Develop and follow firm guidel...
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“ Advice for Vendors: Best Practices in Proposing and Negotiating Agreements” (page 15)
•Find out where support personnel are located. If support is partially or wholly outsourced/offshored, is that acceptable to you? • Term: •Determine whether the maintenance term is acceptable. •Find out what happens if you don ’t renew maintenance. Can you still purchase support? Also find out wh...
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“ Advice: Best Practices for Members to Manage Agreement Compliance” (page 17)
Advice: Best Practices for Members to Manage Agreement Compliance • License Tracking: Keep a record of software license purchases. Information you will surely need to refer to includes: • Product name, manufacturer name, product description •Number of licenses • Type of license • Where installed ...
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“ Overview of Microsoft Licensing” (page 19)
JASON BACK SOFTCHOICE CORPORATION Overview of Microsoft Licensing G 20 iven the depth and breadth of Microsoft (MS) products and services in place in legal environments, many different decisions must be made to determine the optimal methods of licensing. The perception is that MS licensing rules ...
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“ Additional Resources” (page 22)
Additional Resources Use the search feature at iltanet.org to find more information about software licensing. ARTICLE TITLE Click here to download the “Negotiating and Managing Application Software Agreements ” Webinar. SAMPLE SOFTWARE/TECHNOLOGY EVALUATION GUIDELINES Following are suggested guid...
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“ Acknowledgments” (page 23)
ACKNOWLEDGMENTS We gratefully acknowledge the time and expertise of ILTA’s Licensing Task Force: Shirley Crow Farella Braun + Martel LLP CHIEF INFORMATION OFFICER SAN FRANCISCO, CA Number of Attorneys: 135 Number of Offices: 2 scrow@fbm.com Candia Sweet Jones Day DESKTOP APPLICATIONS MANAGER CLEV...
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