ITAM AUS 2017 SAM Interactions can help deliver good legal & commercial agreements

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Martin Thompson

SAM Interactions can help deliver good legal & commercial agreements, Glyn Thomas, Software Sense Pty

Technology

The ITAM Review Australia Conference 2017
SAM
Interac,ons
can
help
deliver
good

Legal
&
Commercial
agreements:

GLYN THOMAS – Principal & Solicitor –
Software Sense Pty. Ltd.

The ITAM Review Australia Conference 2017
Agenda
•  SAM Legal – Understanding Legal Requirements
•  Important Licence Conditions
•  Legal Terms and Good SAM Practices
•  SAM as a Catalyst for Change
•  Audit Preparedness

The ITAM Review Australia Conference 2017
SAM Legal – Understanding Legal Requirements
•  Software Licensing Legal Basics
•  Liability Issues Within Licence Management
•  Software Vendor Strategy
•  Audit
•  Cloud/SaaS

The ITAM Review Australia Conference 2017
Important Licence Conditions
•  Audit Rights
•  Usage Terms:
•  SubCapacity/Virtualisation
•  Licence Transfer
•  Enterprise Scope
•  Service/Cloud Providers
•  BYO Licences
•  Indirect Use: SAP UK Ltd v Diageo Great Britain (2017)
•  Licence Metric: Processor, Concurrent User, Cores etc.
Challenges of Metric Change.
•  Transformation to Cloud/SaaS

The ITAM Review Australia Conference 2017
Important Licence Conditions – Cont’d:
•  Entitlements
•  Transfer In, Grey market purchases, Outsourced licences,
OEM/Business Partner acquisitions
•  Buying through Partners: Terms, Special Requirements,

The ITAM Review Australia Conference 2017
Legal Terms and Good SAM Practices
•  Licence Management Plans
•  Consistency of Terms
•  Bundling/Migrations/New Products
•  Enterprise Scope
•  Agreements: Multiple Versions, PO’s, signed/unsigned,
migration announcements, amendments or Special agreed
terms, agreements that cannot be found.
•  Maintenance V’s Entitlements
•  Release of Claims
•  Retroactive Application of Licence terms
•  Business Partner issues.

The ITAM Review Australia Conference 2017
SAM as a Catalyst for Change
SAM Data crucial to help negotiate better
commercial deals:
•  Provides a Baseline:
-Know what you have, what you are
using and what you paid.
•  Identifies: stranded investment and areas for Optimisation such as Cost,
or bundling
•  Enables: True Cost Allocation; Framework for Executive Reporting to track
where Agreements delivering the anticipated benefits.
•  Helps Identify Key Points in Time when contracts should or could be
renegotiated by leveraging performance under the contract and
maximising benefit potential. Negotiation Ranges.

The ITAM Review Australia Conference 2017
Audit Preparedness
•  Get on the front Foot. Understand your Contract ,
Entitlements and Deployments.
•  Agree mechanism for measurement and how
software is to be counted.
•  Review all correspondence, pre/post contract correspondence and
documentation, including RFP’s tenders and emails where
appropriate.
•  Identify Response Team and individual responsibilities with
required skill and knowledge: Operational, Legal and Commercial.
•  formulate a position and manage your response and strategy
through to resolution.
•  Licence Management Plan for both System generated and Non-
System generated product reports.

The ITAM Review Australia Conference 2017
Audit Preparedness – Cont’d:
•  Mini Disputes, - involve your Legal Team or seek external
advice and guidance from subject matter experts,- formulate
a position and manage your response and strategy through
to resolution.
•  Ensure Entitlements are clear after upgrade, bundling,
migrations etc.
•  Vendors can be combative and aggressive – a lot of
brinkmanship.
•  Be sure of which battles you want to fight.
•  Consider Options: May give rise to negotiated settlement: is
decommission a possibility? – Liability Swap for known requirements,
restructure entitlements
•  Be supportive of the audit process and be clear of your facts.
•  Be bold but not arrogant, - control the emotion.

The ITAM Review Australia Conference 2017
Questions?
The ITAM Review Australia Conference 2017

The ITAM Review Australia Conference 2017
Thank You
Please
feel
free
to
look
me
up
during

the
conference
with
any
ques,ons,
or

contact
me
on
0411
687764
or

glyn.thomas@soKwaresense.com.au

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