Gartner Insights Abstract

Prepare Your Software and SaaS Contract Terms to Avoid M&A Pitfalls

Published: 15 May 2024

Summary

Software and SaaS customers are often caught by unwanted licensing and contract negotiation surprises when navigating merger, acquisition and divestiture activity. Sourcing, procurement and vendor management leaders must combat these common M&A pitfalls to avoid significant unbudgeted costs.

Included in Full Research

Overview

Key Findings
  • Software and SaaS vendor contracts often have vague and rigid terms that do not accommodate mergersandacquisitions (M&A) relatedorganizational changes, making the organization pay more than necessary for extra growth, or are completely lacking M&A-friendly terms.

  • Agreements with software and SaaS vendors do not always address divestitures, which can put the company at financial risk when this M&A event occurs. Software contracts are often negotiated during a divestiture, when the company is in a compromised negotiation position.

  • Contracts are commonly missing pricing and discount protections as well as basic vendor audit protections, leaving them susceptible to price increases, unable to

Clients can log in to view the entire document.

Analysts:

Jan Cook Dawn Singer Dawn Hubbard Calum McDonald

Access Insights

Already a Gartner client?

To access these insights and much more, talk to Gartner today.

Fill out the form to connect with a specialist to learn how we can help you.

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

AskGartner: The AI-powered tool our clients use to find trusted Gartner insights, instantly.

AskGartner | Discover the new AI-powered tool to access trusted Gartner insights

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.

© 2026 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 business and technology insights 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 business and technology insights may address legal and financial issues, Gartner does not provide legal or investment advice and its insights 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 insights are produced independently by its business and technology insights organization without input or influence from any third party. For further information, see Guiding Principles on Independence and Objectivity. Gartner publications and other content may not be used as input into or for the training or development of generative artificial intelligence, machine learning, algorithms, software or related technologies.