Gartner Research

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

Published: 16 March 2016

ID: G00294116

Analyst(s): Rob Wilkes

Summary

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.

Table Of Contents
  • Key Challenges

Introduction

Analysis

  • 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

Gartner Recommended Reading

©2020 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.

Already have a Gartner Account?

Purchase this Document

To purchase this document, you will need to register or sign in above

Become a client

Learn how to access this content as a Gartner client.