Most businesses that try to plan for software audits and to estimate the potential exposure they could incur in the event of those audits know that the primary cost components of that exposure typically are the prices associated with any licenses they may have failed to acquire. For example, if a company determines it has…
Businesses contacted by Adobe for software audits can be lulled into thinking that those investigations entail less exposure risk than audits by other publishers, like Microsoft or IBM. Adobe audits typically are conducted directly by Adobe representatives, rather than by a third-party auditor like Deloitte or KPMG, and the inventory data usually is provided by…
The Licensing Journal August 2016 A warranty is one of the most important contract provisions in a software contract. The warranty section deals with the performance of the software and what the licensor promises the software will or will not do. In a software contract, these performance warranties should be heavily negotiated, but usually they…
On May 6, 2013, Adobe announced that Creative Suite 6 and the component products included in that product line (e.g., Photoshop CS6, Illustrator CS6, etc.) would be the last Creative Suite products to be released under stand-alone, end-user licenses. Citing strong user enthusiasm for its new Creative Cloud hosted offering, Adobe stated: …that the company…
Software publisher Adobe Systems Inc. actively investigates its existing customers to determine whether each customer has properly licensed Adobe software, or is committing copyright infringement. Adobe often pursues its customers directly, but sometimes grants a power of attorney for BSA| The Software Alliance to pursue copyright infringement claims on its behalf. In each instance, Adobe…
Increasingly, software publishers are looking for new tools and processes to assist them in their license-enforcement programs. While such efforts are understandable to a degree, they sometimes can include methods that are somewhat dubious at least from a customer-relations perspective, if not from a legal perspective. One provision from Adobe’s most recent end-user license terms…
