It pays to read the fine print. CNet has a good
article on the need for buyers to understand and be willing to challenge language in software vendor contracts, which are often one-sided agreements favoring the vendor. Among the recommendations:
- Clarify definitions: e.g. what is a "named user?" Is it an individual, or a client machine? Is it an account on the system, or only active accounts? What is a "concurrent user?" Are casual web inquiries included, or only local users?
- Understand what's included in "basic support," especially when renewing contracts where vendors definition of "basic" may change.
- Determine the planned support window for the current version, especially if you plan customizations or additional development around it.
- Watch out of "entity based pricing" or "right of use" clauses that limit your ability to use the system at a sister division or subsidiary, or that do not allow you to transfer the license to a new corporate entity in the event of a merger or divestiture.
- Avoid "compliance or mandatory audit clauses" that give vendors the right to periodically audit your compliance and can lead to costly disputes and renegotiation.