Gartner Research

IT Procurement: Improve Software Contract Language to Obtain Future Versions and Upgrades

Published: 31 October 2011

ID: G00219430

Analyst(s): Jane B. Disbrow


IT procurement often faces a challenge in obtaining rights to upgraded versions of software and new functionality, while paying yearly maintenance and support costs. Add a functionality replacement clause to contracts to give you rights to future versions of the software.

Table Of Contents
  • Overview

What You Need to Know


  • The Challenge
  • Contract Issues
  • Improve Software Contract "Functionality Replacement" Clauses and Define "No Longer Supported"
  • When the Vendor Won't Agree to a Functionality Replacement Clause
  • When Vendors Won't Agree to Provide Upgrades as Part of M&S Payments
  • Include Provisions to Handle End-of-Life Software
  • Clearly Document the Licensed Functionality
  • Conclusion
  • Tactical Guidelines

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