'What you do not see, you do not get’: this definitely holds true for your software licences and contracts!
Unclear, one-sided licence models make managing software assets an unpleasant challenge for companies. At the same time, software publishers do not provide much guidance to help customers comply with terms and agreements. Software deployment and auditing functions are made unnecessarily difficult and complex.
To support our members, Beltug, in co-operation with Piet Herman Consultancy, has developed concrete model contract clauses, based on the principles in our Proposal for a Software Publishers’ Code of Conduct (CoC), which have now been updated.
Real, best practices for software management
The CoC defines a set of acceptable practices for software publishers’ software licensing. But how do these translate into actual contracts and agreements, that are fair to both parties?
The Model Clauses in support of the Beltug Proposal for a Software Publishers’ Code of Conduct (MCCoC) (requires login) were derived from real contract practice in private companies, and tested against the needs of the (Belgian) public authorities. They reflect best practices from actual negotiated deals, and have been developed to assist contract managers in their day-to-day duties for the full life-cycle of the software in their company.
The MCCoC is available for Beltug members, to support you when negotiating with software publishers. Select the clauses in the MMCoC that reflect your issues; tune and scope them to your needs; align and validate them; and include them in your tender.
Note that these clauses are suggestions only, and there is no one-size-fits all. By providing these clauses, Beltug nor its authors provide any legal advice or any warranty that these clauses are enforceable in any given context. The use of these clauses and their enforceability needs to be validated from a legal perspective on a case-by-case basis.
On 2 April 2020, we presented this paper to 20 Dutch companies, during an event of our Dutch sister association, CIO Platform Nederland. Watch the recording of this webinar here (in Dutch).
Access to more information about this topic and/or to download the paper is easy and fast, but exclusively for Beltug members (just login to get access).
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