Negotiating a License for Virtual Software Use

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ID Number: G00157260

This research is provided for historical perspective;
portions of this document may not reflect current conditions.

29 April 2008

Frank DeSalvo

The issues surrounding virtual software use can cause a host of new licensing problems. Gartner provides guidance to help clients negotiate effectively through the turmoil.

Price: US$495.00

Pages: 7

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Table of Contents

Analysis

1.0

The Problem

2.0

Contracting Considerations

2.1		Relate the contract terms to your strategic plan.
2.2		Evaluate a contract in terms of cost per unit.
2.3		Avoid the cost pitfalls in a license transition.
2.4		Anticipate how you plan to deploy software.

3.0

Hammering Out the Details

3.1

Tests of License Model Viability

3.2

Specific Contract Terms and Conditions

		3.2.1 Portability
		3.2.2 Definition of Metric
		3.2.3. Internal Right of Use
		3.2.4 Audit
		3.2.5 True Up, True Down

4.0

New Imperatives

4.1		Collaborative Licensing
4.2		Avoiding Legal Jeopardy
4.3		Ambiguities and Joint Drafting

5.0

Predictions

Recommended Reading

Software Pricing, Contracts and Licensing
Virtualization

© 2008 Gartner, Inc. and/or its Affiliates. All Rights Reserved. Reproduction and distribution of this publication in any form without prior written permission is forbidden. The information contained herein has been obtained from sources believed to be reliable. Gartner disclaims all warranties as to the accuracy, completeness or adequacy of such information. Although Gartner's research may discuss legal issues related to the information technology business, Gartner does not provide legal advice or services and its research should not be construed or used as such. Gartner shall have no liability for errors, omissions or inadequacies in the information contained herein or for interpretations thereof. The opinions expressed herein are subject to change without notice.

Resource Id: 658013