| Influenced by seeing a few "shrink-wrap" licenses, and hearing stories from others, many people really think of license agreements as nearly the same as a purchase agreement - pay some money and get some software. Misjudging the potential effects of a license can be dangerous, but is even more often a missed opportunity for benefit. A license, sometimes called a "right-to-use", conveys rights from one party to another, but also states conditions, restrictions and obligations related to those rights. If all of those elements do not match the real needs and operations of both parties, then problems arise. Too much, or too little, money is exchanged; needed uses are restricted, and ongoing needs are not met. Legal review of terms is usually the right thing to do. But attorneys frequently are limited in terms of their insight into actual processes and behaviors that may materially impact the requirements in, or compliance with, a given license agreement. At the same time, users and administrators may lack access to the license terms, or the experience and training to understand them. DTI assists client organizations to connect what goes on "in the trenches" with the agreements, policies and legal guidance in place in the company. Where need arises, DTI consultants work closely with the client's inside or outside counsel to work out transaction details and ensure a strong and complete chain of governance. |
