Gartner Research

Software Terms and Conditions Will Change Without Notice — How Best to Protect Your Organization

Published: 16 March 2016


Technology procurement leaders must safeguard favorable contractual terms and conditions. Software licensors may create dynamic rights that can unilaterally change to the customer's detriment, with little or no notice, leaving the customer exposed to significant unbudgeted costs and risks.

Included in Full Research

  • Key Challenges
  • Preserve a Copy of the Content of Any Embedded Link, URL or Policy Document, and Keep This With Your Version of the Contract, to Serve as a Record of How the Contract Stood When Originally Signed as the Basis for Future Entitlement Validation or Negotiation
  • Prior to Contract Signature When Leverage Is at Its Highest, Negotiate a Contract Clause That Safeguards All Preferential Terms and Conditions, and Obliges the Licensor to Seek Prior Written Approval of Any Detrimental Changes, or Changes That Diminish Your Entitlement
  • Plan and Assign a Contingency Budget for Inevitable Changes, and Develop a Contingency Plan With Details of a Preferred Alternative Solution Should It Prove Impossible to Accommodate the Incumbent Vendor


Rob Wilkes

Access Research

Already a Gartner client?

Just stopping by?

To view this research and much more, become a client.

Speak with a Gartner specialist to learn how you can access peer and practitioner research backed by proprietary data, insights, advice and tools to help you achieve stronger performance.

By clicking the "Continue" button, you are agreeing to the Gartner Terms of Use and Privacy Policy.

Gartner research: Trusted insight for executives and their teams

What is Gartner research?

Gartner research, which includes in-depth proprietary studies, peer and industry best practices, trend analysis and quantitative modeling, enables us to offer innovative approaches that can help you drive stronger, more sustainable business performance.

Gartner research is unique, thanks to:

Independence and objectivity

Our independence as a research firm enables our experts to provide unbiased advice you can trust.

Actionable insights

Not only is Gartner research unbiased, it also contains key take-aways and recommendations for impactful next steps.

Proprietary methodologies

Our research practices and procedures distill large volumes of data into clear, precise recommendations.

Gartner research is just one of our many offerings.

We provide actionable, objective insight to help organizations make smarter, faster decisions to stay ahead of disruption and accelerate growth.

Tap into our experts

We offer one-on-one guidance tailored to your mission-critical priorities.

Pick the right tools and providers

We work with you to select the best-fit providers and tools, so you avoid the costly repercussions of a poor decision.

Create a network

Connect directly with peers to discuss common issues and initiatives and accelerate, validate and solidify your strategy.

Experience Gartner Conferences

Join your peers for the unveiling of the latest insights at Gartner conferences.

©2022 Gartner, Inc. and/or its affiliates. All rights reserved. Gartner is a registered trademark of Gartner, Inc. and its affiliates. This publication may not be reproduced or distributed in any form without Gartner’s prior written permission. It consists of the opinions of Gartner’s research organization, which should not be construed as statements of fact. While the information contained in this publication 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 research may address legal and financial issues, Gartner does not provide legal or investment advice and its research should not be construed or used as such. Your access and use of this publication are governed by Gartner’s Usage Policy. Gartner prides itself on its reputation for independence and objectivity. Its research is produced independently by its research organization without input or influence from any third party. For further information, see Guiding Principles on Independence and Objectivity.