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


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



  • 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

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