Deploying a software package across the company (or most of the company) is becoming a reality for most companies. Standard processes and systems drive cost, quality and performance improvements. Unlimited deployment rights may also reduce transaction costs and project completion timeframes. The right enterprise and unlimited license agreement can make…
Articles Posted in Legal and Contracting Issues
Avoiding the Pitfalls of the “Unlimited” License – Four questions you should ask
You’re a CIO and a major software publisher proposes an “enterprise” or an “unlimited” license arrangement. Having made its way up the chain to your desk, you are told the deal looks promising. There can be pitfalls in any software deal. In “enterprise” or “unlimited” license arrangements the pitfalls can…
Of Service Levels, Welfare, and Heartbreak: Indiana vs. IBM
“The details are not the details. They make the design.” – Charles Eames Indiana vs. IBM In 2006 Indiana awarded IBM a contract for more than $1 billion to modernize Indiana’s welfare case management system and manage and process the State of Indiana’s applications for food stamps, Medicaid and other…
Personal Data Transfers from the European Economic Area: Time to Consider Binding Corporate Rules 2.0
Steve Farmer recently published an article in World Data Protection Report titled “Personal Data Transfers from the European Economic Area: Time to Consider Binding Corporate Rules 2.0.” What exactly is the ‘”best” solution for an international business needing to handle and transfer personal data across borders? This has become an…
Structuring Payments for Outsourcing Services
When customers decide to outsource part of their operations there are many factors to be considered and decisions to be made over the course of the initiative. Getting to the “right price” is obviously one of the key objectives in any outsourcing transaction. Nobody wants to pay too much for…
A License to Software Should not be a License to Print Money
It pays to closely read the payment terms in your software license. Or rather, it costs if you don’t read them closely enough. I was reviewing a software license for a client recently and came across this term: “We may increase the license fee in a renewal term by giving…
What’s Missing from My Software as a Service (SAAS) Agreement? (Part 2)
As customers continue to embrace Software as a Service (SAAS) solutions that are hosted in the cloud, rather than traditional software solutions that are loaded onto and hosted on the customer’s own environment, they should closely review the contract that will govern their relationship with their SAAS provider. Frequently, we…
What’s Missing from My Software as a Service (SAAS) Agreement? (Part 1)
As customers continue to embrace Software as a Service (SAAS) solutions that are hosted in the cloud, rather than traditional software solutions that are loaded onto and hosted on the customer’s own environment, they should closely review the contract that will govern their relationship with their SAAS provider. Frequently, we…
DOWNSELECT WITH CARE: MANAGING A CRITICAL JUNCTURE IN THE SOURCING PROCESS
The timelines of most strategic IT or sourcing projects are punctuated with key moments that can make or break the deal. These include defining the customer’s strategic objectives, determining which suppliers will be asked to compete (assuming it’s not a sole source deal) and, of course, executing the contract. Another…
Leverage, What Leverage?
In negotiating outsourcing agreements, I sit on both sides of the table – obviously not at the same time. I represent customers about half of my time, and I spend the rest of the time representing suppliers. It’s always interesting seeing a transaction from one particular viewpoint, but also knowing…