Plan

Identify

Protect

The knowledge and experience to protect your legal rights

Software audits

Managing software assets in large enterprises can be difficult.

Software licencing arrangements can be increasingly complex. When licensing involves multi-user software with enterprise, transaction, processor, concurrent user or named user constraints, the management headaches mount.

On top of this is the increasing number of software audits and enforcement actions launched by software vendors.

We see vendors conducting software audits, uncovering violations of the licencing terms. Then demanding penalties that are orders-of-magnitude greater that the vendor’s actual loss.

The shakedown proceeds with a decreased settlement offer, if paid immediately. However, these reduced fees are still considerably higher than a negotiated agreement might achieve.

We have the knowledge and experience to protect your legal rights throughout the software license audit and dispute process.

Most importantly, working with a law firm, the audit results are protected by legal professional privilege if the matter ultimately proceeds to litigation.

We have achieved excellent outcomes for clients in negotiations with major software suppliers while maintaining relationships and ensuring budgets and timelines are met.

MEET AN EXPERT

Helping you understand, manage and respond to software audits

  • Technology strategy
  • Procurement
  • Vendor negotiation & management
  • Contracts
  • Outsourcing
  • Transition & program management

Expertise

Extensive experience

We have extensive experience with global software vendors, including Oracle, SAP and IBM in large scale, complex audit engagements.

Deep familiarity with contractual documentation

We offer deep familiarity with the various vendors’ contractual documentation (particularly with vendors such as Oracle, which have pertinent provisions scattered across multiple documents).

An understanding of vendor pain points

We provide a deep understanding of vendor ‘pain points’ – how they approach issues such as intellectual property, termination, sole and exclusive remedies, transfer of licences, privacy and data security obligations etc.

Detailed knowledge

We have detailed knowledge of other (large) vendors, and their positions on key issues (ie, knowing the market – what is ‘market standard’? Could a better position be achieved with another vendor?).

Australian subsidiary negotiation limitations

We understand vendor’s Australian subsidiary’s negotiation limitations (ie, what issues they can agree to, and what issues will need to be escalated to ‘head office’), to help in building and executing a negotiation plan that involves direct access to ‘head office’ decision maker.

Tips to help you manage your existing licences

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https://www.minterellison.com/technology-law/software-audits