Gartner Research

Negotiate Governance, Confidentiality and Change Management Terms to Protect Your IBM Software Investments and Reduce Financial Risk in the Millions

Published: 12 December 2014

ID: G00270299

Analyst(s): Rob Schafer, Jo Ann Rosenberger

Summary

Software procurement professionals who follow Gartner's three best-practice checkpoints to negotiate protective governance and confidentiality terms, and customize contract change management processes, can mitigate noncompliance risk potentially costing millions and protect their organization.

Table Of Contents
  • Key Challenges

Introduction

  • Develop a Customized Terms and Conditions Checklist Approach That Is IBM-Specific for Negotiating Software Agreements
    • Follow Three Critical IBM Negotiation Checkpoints to Protect Your Investments

Analysis

  • Checkpoint 1: Require Final Negotiated Agreements and Associated Documents to Be Signed by Both You and IBM
    • Audit Risk From Lack of Clarity Regarding Governing IPAA
    • Client Confusion Related to Governing IPAA Version
  • Checkpoint 2: Attach and Reference a Mutually Agreed Upon IBM Agreement for Exchange of Confidential Information to All Your Governing Agreements
    • Avoid Potential Damages and Financial Risk From Insufficient Confidentiality Protection Terms
  • Checkpoint 3: Print IBM Website URL Policies and T&Cs and Attach as Exhibits to Governing Agreements With Terms Stating They Will Remain in Effect for a Specified Period
    • Ensure IBM's PVU Table and Virtualization Rule Website Changes Are Strictly Managed for Compliance
  • Avoid Subjecting Your Organization to Financial Risk by Following These Three Checkpoints and Action Items

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