IT Procurement: Improve Software Contract Terms and Conditions by Developing a Software Contract Checklist

Archived Published: 07 December 2011 ID: G00219108

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IT procurement professionals should develop a checklist of standard terms and conditions to be included in license agreements for traditional licensed software. This research includes a checklist of some of these terms and conditions, including examples illustrating the areas of risk.

Table of Contents

  • Analysis
    • What You Need to Know
    • Definitions
    • License Grant
    • Payment Terms
    • Usage and Access Rights
    • Right to Use Outsourcers
    • License Metric Description and Examples
    • Protection for Product Name and Metric Changes
    • Capacity Increases/Decreases
    • Platform Portability
    • Maintenance and Support Entitlements
    • Maintenance Increase Caps
    • Removal of Licenses From Support
    • Rights to Future Versions and Enhancements
    • Software Antivirus Warranty
    • Acceptance Criteria
    • Merger/Acquisition/Divestiture
    • Clarification of Audit Rights
    • Failover
    • Disaster Recovery
    • Confidentiality and Nondisclosure Clauses
    • End-of-Term Rights and Protection
    • Cancellation Terms
    • Dispute Clauses
    • Include "At No Additional Cost" Provisions
    • Customer Developed Software Contracts
    • Conclusion
  • Recommended Reading
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