Buyer Protection: Enterprise Software Buyers' Bill of Rights

SELECTION

• An entire agreement clause: Instead of relying on generic terms and conditions, vendors should include all of the proposals, sales cycle presentations, demos, and promises in the entire agreement.
• Definition of user and usage metrics: Vendors should provide up front written definitions of users, usage tiering, metrics, and users' rights.
• Published price list and discount rationale: Vendors' written documentation should describe how pricing is determined and discounting price tiers are calculated.
• Full defect disclosure: As part of the sale process, the vendor should disclose up front all known integration problems, performance bugs, related issues, and the average time to resolve known problems.

• Choice of implementation partner: Vendors should allow the licensee to select a preferred systems integrator or to self-implement.
• Access to vendor resources for support: Vendor resources, such as enterprise architects and solution consultants, should be accessible during implementation at price points predefined in the agreement.
• Defined service-level agreements: Prior to committing to any work, projects should include defined SLAs. These agreements should be structured with both punitive and reward components.

• Actual usage charges: Vendors must allow the customer to adjust overall counts of license metrics on a defined and regular basis. Users should retain the right to return for full credit any unused software.
• Affiliates' software use: The licensee, its majority-owned affiliates, and its agents should have access to and usage of the software.
• Free transfers of software license, regardless of site or hardware: A switch by the company or its managed service provider to new vendor-supported hardware, operating systems, or databases should not result in any additional costs for perpetual license owners.

• Defined maintenance increases: The vendor and the license should define price protection up front. That protection should be tied to measures such as a fixed annual percentage or the consumer price index.
• Consistent levels of service: Enterprises should have the right to ensure that service levels for maintenance and support entitlements remain at consistent and defined levels throughout the ownership lifecycle.
• Continuation of support: Licensees should receive assurances that the vendor will support product releases for defined minimum periods to avoid excessive upgrade requirements.
• Third-party support: Under perpetual licenses, the licensee should have the option to receive extended support from a third party at will. Furthermore, the licensee should have the opportunity to renew a maintenance agreement that has lapsed, with specific re-entry costs.