SAM Contract – Management of software license contracts

Find out how to prepare, negotiate and conclude a perfectly suited Software License Agreement for your company. Furthermore, get to know all activities that will guarantee the correct fulfillment of your contract as well as detect possible opportunities to manage existing contracts in an optimal manner.

The number of contracts regarding Software License Agreements is quite small in comparison to the totality of all the contracts concluded by a company. But the monetary value of these Software License Agreements obtains frequently the tens-of-million range, depending on factors like the company size or the usage of IT within the company.

Software License Agreements should not just simply be rated by their monetary value. In addition to the purchased products and prices obtained, the contract terms and the products underlying terms of use are crucial for the legitimate use of software. From the purchaser’s point of view the commercial evaluation of the Software License Agreement is paramount. The License and Contract Manager has a different view as he is requested to correctly interpret the general terms as well as the individual contractual terms for the appropriate use of software and ensuring compliance.

Additionally, it is possible to negotiate company specific terms of use and consequently create simplified conditions for the software usage by the closure of an agreement. This leads to aimed value propositions (e.g. simplified technical data collection, reducing the license demand, special usage rights, etc.) within the frame work of a comprehensive Software Asset and License Management.

Optional certification: “Software Contract Manager Qualification” certified by the TÜV Rheinland”

Within the certification process it is mandatory for candidates to join either a SAM Basic or a SAM Advanced training. 

Box "Ziele"

Objectives

  • Get to know fundamental types of standard software license agreements by the examples of IBM, Microsoft, Oracle and Adobe

  • Elaborate agreement preparations and options for software license agreements

  • Interpret standard software license agreements and deduce required activities for the fulfillment and implementation of the agreements contents

  • Get a comprehensive market overview concerning the acknowledged Contract Management solutions

Content

Content

  • "Strategic Contract Management“ –
    Preparation and closure of an optimized Software License Agreement
    • Overview of the essential types of software license agreements
    • typical Life Cycle model of a software license agreement
    • Optional configurations in the context of contract negotiations
      • Place of jurisdiction, liabilities, product scope, etc.
      • Harmonization of contracts
      • Standardized contract clauses and definition of individual contract elements
      • Impact  of Mergers & Acquisitions on contracts(carve-in/carve-out)
    •  Initializing software agreements in the company
      • Set-up of a negotiation team („Leadhouse“ concept)
      • Preparation for the contract negotiations
      • Do's and Don'ts
      • Quality -assurance measures
      • Action reporting to the accountable management
  • ”Operational Contract Management” – Implementing a Software License Agreement
    • Reading and interpreting a standard Software License Agreement
      • Deduce contract requirements to secure the contract fulfillment for selected contract sections
      • Identify relevant stakeholders within the company
    • Contract Management Tool

Recommendation for further training

Expert Know-How

SAM LEGAL:
Understanding legal and regulatory requirements

Get to know the necessary legal basics and requirements for Software Asset and License Management. Besides this, you will also learn more about the current legal situation of “used software” and “Cloud Computing”.

Expert Know-how

SAM Audit:
Structuring SW vendor audits

Experience the different approaches to achieve legal security in the area of Software Asset and License Management.

Expert Know-how

SAM Outsourcing:
Using third parties for line operation

Get to know the conceptual, legal and commercial facets of outsourcing Software Asset Management (SAM) processes.

Expert Know-how

SAM Pooling:
Transfering unused software licenses

Design of corporate internal software license transfers on an international level as well as models to correctly allocate software costs internally.