Software Contracts - in a Pandemic led Recession

OK, so I am not a financial expert - but if our current world-wide pandemic (COVID-19) does not put us officially into a recession then I will be extremely surprised.

Frankly, I think we are already there - experts are debating.  I'll leave it to them to figure out and in the meantime speak to you about your software contracts and what to think about them in a recession.

As we all know, the US was in a recession just a few short years ago and it was a doozy!  But at that time many companies still had not made the transition to subscription based licensing for most of their business productivity software.

Think about your companies software contracts today - Adobe, Microsoft, Autodesk, Oracle and others on your productivity software are probably all heavily subscription based today.  On your infrastructure/platform software they are also probably heavily "hosted" or subscription based.

Why is this point important in a recession?  Old licensing models were perpetual licenses with maintenance. In most circumstances you could continue using the software regardless of whether or not you maintained the maintenance. So in a recession, if you could get out of the maintenance contract you were arguably still in business. If you are tasked with saving money on software costs your options are more limited in a subscription world.

Subscription licensing models is a pay as you go model.  While that is useful in moving costs to the expense line rather than amortizing it also means you must continue paying or you can no longer use the software.  Your software vendors are now in the drivers seat (although here is a very interesting read on the financial impact of this for software companies by Gavin Baker which I thoroughly enjoyed and you might,too).

So, here are some keys to consider:

• Are your subscription users going to be reduced?
• Inventory your existing contracts to know specific clauses and dates:
• Many multi-year software contracts have an option to reduce subscriptions on an annual basis as long as you do it by the prescribed deadline. 
• Some also have an option for reduction based upon a reduction in force.
• When are your contract expiring for those that do not have a built in reduction option?
• How will this impact your hosted infrastructure/platform needs? Make sure you are aware of those contract terms and dates as well.
• If your user base is not expected to be reduced, will you be asked to cut costs regardless?
• Look for the fat in your current contracts.
• Identify critical vs nice to have suites
• Ensure you are leveraging your legacy licensing benefits when available in your hosted environments.
• Those software audits that have slowed down over the past 2-3 years, expect them to gear back up in different fashions:
• Microsoft - do not be surprised for a server focused "assessment"
• Adobe and Autodesk - I expect to see them come back around to see who still has old on-premise software that is not covered under the existing subscriptions.
• Micro Focus - remember all that software they picked up in the deal with HP Enterprises? They have already been an active auditor, expect that to continue or pickup.

We know the pandemic is hitting us hard, but we cannot afford to be so distracted by life or death news (she says, sadly and somewhat sarcastically) that we get caught by surprise by the longer term economic impact we will all be facing.  If you need a refresher just go back to my blogs from 2007-2010 such as this one.

While each turn is unique, there are aspects that are the same...with over 21 years in the Software Asset Management business Cynthia Farren Consulting can help. Reach out to schedule a conversation with me to discuss a game plan for your organization.

Stay safe and stay well...

Microsoft Windows Server Price Increase? Check Your Sources!

It has come to my attention that one of the large resellers is telling their US clients that Microsoft will be doing a 15% price increase on Microsoft Windows Server products effective January 1, 2012. The information I've received is that this is not accurate, that it does not apply to the US (Latin America may want to check into it though). 

However; I'm not a reseller and I'm not Microsoft so I don't have access to price lists. So, the point of my story? Check your sources! If one of your resellers is giving you this advice, please check it out with another reliable reseller and with your Microsoft account team. 

 Additionally, if your reseller does give you this type of wrong advice...might be time to re-evaluate resellers. Yes, everyone can make mistakes - but I'll tell you frankly, this reseller has been on my list of "least desirables" for a long time due to some of their practices and this just put a nail in their coffin for me. 

Happy Holidays - and here's hoping that January doesn't bring a price increase on Microsoft Server products!

Software Asset Management - 2011

What is it about 2011 that makes me think...we have officially reached "the future"? 

Is it just that I'm now so old that when I thought forward to the future it was anything after 2010? Probably...but since old age seems to keep growing further and further away from me as I age, I refuse to accept that as the answer, LOL! 

What will happen to Software Asset Management in 2011? My crystal ball is far from perfect but I'll take a stab at predicting this year anyway... 

Software audits rise - sorry, I know you've been hearing that threat for years but based on what I've seen so far in 2011 I think you can count on it as a fact. As the economy (and therefore companies) see an improvement I think you'll find publishers starting to come forward to find out what you have (and haven't) been doing in the past couple of years. They know you've been spending less money with them, so they want to make sure you've been licensing appropriately. Software audits are expensive (even if you're fully compliant and don't have to buy anything), so before you respond please reach out to us to see how we can help! 

Cloud Computing continues to grow and initially companies will manage these in a decentralized fashion (you buy it, you manage it). Hopefully some will remember lessons learned from the past and have these managed centrally by their Software Asset Manager. When I spoke on this topic at the IAITAM Conference two years ago there was a lot of uncertainty from Software Asset Managers as to who owned this responsibility - frankly the role that owns it is the role that steps forward to take control of it. My suggestion is that a saavy SAM Manager will realize that they add value to this function and this function adds value to their position. If you don't have your controls in place for managing Cloud contracts, please talk to us about appropriate processes and controls. 

The role of the CIO will become more ambiguous. OK, so this isn't SAM but it is important to SAM. I think we are clearly seeing the assimilation of IT into the whole of the business. Regardless of industry, IT is critical to all areas of the business and business owners are going to want more control of it. While a certain amount of centralization and segregation of duty is imperative to maintain controls and manage cost, I will not be surprised to see the role of the CIO disappear. However; on the flip side, I think you will start seeing more former CIO's transition into the role of the COO (possibly a natural evolution as CIO's have long been advised to become intimately familiar of all the business units they are serving). If this transition does take place, you might well see the role of SAM Manager follow suite (especially if the SAM Manager has taken on the Cloud Computing aspect). 

Is my crystal ball failing me or do others see the same? Let me know! 

One thing I do know for certain is that Cynthia Farren Consulting will launch an updated website in 2011 (OK, I cheated...since it already launched earlier this month). We tried to simplify matters and provide more valuable content - let us know how we did!

Walking Away From a Microsoft Licensing Agreement

When finances are tight it's not uncommon for companies to start expiring their maintenance contracts, including software maintenance. As with any maintenance agreement that is allowed to expire, it's important that an organization understand the full implications of their actions so that it is a strategic event rather than a reactionary one. 

This is a big topic so will cover several postings - check back for more updates or e-mail us with specific questions. 

Microsoft has three primary ways for an organization to acquire licensing rights - subscription licensing (Microsoft Desktop Optimization Pack aka MDOP is an example), perpetual licensing (their traditional model where once you buy it you own the rights forever), or perpetual with maintenance (Microsoft Software Assurance aka SA). 

Subscription licensing expires at the end of the subscription agreement (unless there is a buy-out option). I'm not going into details on this type for this article. 

Perpetual licensing does not expire but also does not have upgrade rights. So again will not be discussed in this article. 

Perpetual licensing with Software Assurance includes upgrade rights until the SA expires. When SA expires, your organization is entitled to the latest version of the product which has been released to volume licensing customers. Those licenses then become perpetual licenses but inherit the licensing terms from the agreement under which they were acquired. 

For example, a customer who had a full platform Microsoft Enterprise Agreement (which automatically includes SA) which they allowed to expire at the end of May 2010 would walk away with perpetual licenses for the following Microsoft products: Office Professional Plus 2010, Windows Server 2008 Client Access License (CAL), Exchange Server 2010 Standard CAL, SharePoint Server 2010 Standard CAL, System Center Configuration Manager 2007 R2 Client Management License and Windows 7 Enterprise (but be aware of any subscription components, those are not perpetual). However; those perpetual licenses will always be restricted to the licensing rights under the Enterprise Agreement (for example, no secondary use rights for Microsoft Office which means if a user has a desktop and a laptop each would require its own license). 

While a license is covered under SA, it is at it's most flexible. Consider your future plans prior to allowing SA to expire. A couple of things to think about: 1) Will you be using any of the enhanced functionality of the Microsoft Enterprise CAL Suite? 2) Will you be increasing your server virtualization efforts and will Microsoft Windows Enterprise Server or Microsoft Windows Datacenter edition provide you with a more cost effective solution? 3) Are you licensed under Device CALs when User CALs might be more effective or vice versa - these can only be changed at time of renewal and guess what...you're not renewing. 

However; now is still the time to push the envelope on this (before expiration) as there are ways of getting this changed as long as you still have active SA. The first two scenario's would be covered by "Step-up" licenses from lower versions carrying SA. This allows you to leverage the monies you've already spent on the lesser edition by paying a reduced price for the higher edition but can only be completed while you have active SA on the product. 

Watch for more to come...or if you're considering walking away from a Microsoft Licensing Agreement talk to us first, it can help you avoid future costs and headaches!

Microsoft Revamps Partner Program – Costly licensing impact on Partners?

Microsoft has a very generous internal use license program for its partners. In generalities, a Microsoft Certified Partner gets 25 copies of most all desktop software (and Client Access Licenses – CALs) and 1 or 2 server licenses each for most server technology for internal use in the form of annual license grants; a Microsoft Gold Certified Partner gets 100 copies of most desktop software and 1 to 5 server licenses each for most server software. There are additional license grants based upon expertise “competency”. These amounts can be multiplied by each location that qualifies at the same level as the overall company up to a maximum (along the lines of 500 desktop and 2 to 25 servers for Microsoft Gold Partners). 

 These license grants are obviously very valuable to Microsoft Partners in helping them minimize the cost of running their organization. However; Microsoft is now changing their partner program (for the first time in a long time) which will end up reducing the number of internal use software license grants for most partners. The new Microsoft Partner Network will replace the designations of Registered, Certified and Gold Certified with Subscriber, Competency and Advanced Competency. While there are some changes at the Registered and Certified levels (Subscriber and Competency) as it pertains to licensing the real impact comes to Gold Certified Partners who will not qualify for the Advanced Competency designation. $300k Example: One of my Software Asset Management customers is a Microsoft Gold Certified Partner with 1 additional enrolled location and several competencies. This entitles them to about 200 copies of most desktop software and CALs and a number of server licenses including 10 Microsoft Windows Server Enterprise license grants and 8 Microsoft Windows Server Datacenter processor license grants. However; this company will not qualify as an Advanced Competency partner so will instead drop down to a Competency Partner (think Certified Partner). Assuming they continue to have 1 additional enrolled location this will drop their license grants to 50 copies of most desktop software and CALs and about 2 server licenses for some servers (Microsoft Windows Server Datacenter will not be included). The financial implication of this is over $300k. 

Even those partners that do not lose their current level in the program will feel some impact from licenses being excluded from the core licensing (for example, Windows Server Datacenter edition will not be part of the core licenses). One of the hardest challenges is that IT typically manages the licenses and yet the business typically manages the partnering relationships. If these impacts are not discussed between both teams internally there could be a large number of former Microsoft partners who are now out of compliance in their licensing. 

Understanding the Dates: Each year partners have to re-enroll in the program. Those partners who re-enroll prior to 10/10/2010 (now changed to end of October) will be renewing under the existing designations of Registered, Certified or Gold Certified and will have their annual license grants based upon that enrollment. At their anniversary date in 2011 their licensing grants would change. For partners who re-enroll after 10/10/2010 (now changed to end of October) they will be renewing under the new designations and the new licensing grants will take effect. There are other changes that take effect regardless of enrollment status effective 10/10/2010 (now changed to end of October) so please be aware that this information is only as it pertains to license grants. 

What to Do: Obviously it is very important for current Microsoft Partner’s to clearly understand the requirements of the new program and where their company will fit within this program. Microsoft is doing a lot to help and their Partner desk is extremely helpful so leverage these resources! Take a good look at the license calculator tool to determine what your new license grants will be and start the budgeting and communication process internally to avoid a surprise hit to your software budget next year. If things get too confusing or time consuming, consider hiring a professional to handle the transition for you.

Software Licensing - Gaming the System

It seems in a number of my recent conversations with a major software publisher (who has one of the most complex licensing structures going)...that they keep referencing companies that "Game the System" and what a wrong thing that is to do.

Question - when they make the rules, can you really ever "Game the System"? Don't get me wrong, we specialize in helping customers get creative with how to reduce their licensing costs for their software...but if it's allowed within their convoluted licensing terms, how can you be doing anything wrong?

Take the IRS for example (since it's April 15th), their rules are complex (far more complex than any software publisher) but they expect you to take advantage of every credit that you are entitled to through their rules. They don't call foul and say you're "Gaming the System" when you take advantage of rules that work in your favor. Why should a software publisher?

LOL - yes, I did just compare this software publisher to the IRS...LOL!

Frankly, the ones who write the rules hold the cards - if you can work within those rules and minimize your costs, who are they to complain? If they don't like it, they can change their rules.

What do you think...is it possible to "Game the System" in a negative way?

Resellers and Publishers in the world of Software License Management

I woke up this morning to a great Twitter from a good friend and great coach Jak Plihal (http://www.beingsolutions.com/). It was the quote:

"It is hard to get a man to understand something, if his living depends on him not understanding it." by Upton Sinclair.

To me, this perfectly explains the relationship between resellers (VARs, LARs, and any other acronym that is responsible for selling you software), software publishers and the details of software licensing.

There are details in software licensing agreements and product use rights that can be turned to a benefit for a company in legally reducing their software licensing costs...but you're not going to find them all out by asking your reseller or publisher for help.

Why? Not because they are necessarily trying to mislead you or keep you in ignorance - instead it's because they honestly don't even think of those options...because their living (or magnitude of it) depends on them not thinking of those options.

Now, there are definitely some that are better than others (I love working with Softmart for example as their reps have demonstrated to me a strong ability to keep the customer's needs in focus) but as long as their income relies upon what you buy then Upton Sinclair's quote will continue to apply.

When it comes to negotiating the best deal for licensing - the bulk of the savings opportunities comes from making full use of the product use rights and volume licensing agreements terms - not from the discount you negotiate (or not from the discount you negotiate without knowing these items intimately). Get your advice and education from an independent expert...know in advance who profits from your purchase and what their motivation is so you can better analyze their advice.

Remember, "It is hard to get a man to understand something, if his living depends on him not understanding it." Upton Sinclair.

Thanks Jak!

The Timebomb - IT Backoffice Applications

We seem to spend so much time focusing on desktop licensing and trying to get that right...but frequently it is our IT backoffice applications that get us into trouble.

Despite change control on our desktops and servers, it seems that we continue to find an abnormally high number of IT management tools that are underlicensed. This is also an area where we find a lot of functionality redundancy.

IT will police the end users, but typically no one is policing IT's software. Here are some common costly issues we see at new customers:

Symantec NetBackup - it may be part of standard operations to automatically cover new servers by the technology but where is the automatic purchasing of the necessary additional licenses? Also we frequently see resellers selling the Express program licenses, even when the customer is already a Rewards program customer - make sure you're getting the benefits of your overall Symantec spend on each purchase.

Development/Test/Disaster Recovery - typically all of these instances require licensing. Make sure your servers are licensed appropriately, don't assume you can build a Test server and not license it!

Imaging/Virus scan/Desktop management - yes these are all standards of doing business but frequently they don't get reviewed to ensure that sufficient licenses exist to cover usage.

Client Access Licenses - if you're running Microsoft Windows server, each user or device requires a CAL. If you then add Sharepoint on that server, you also then need a CAL for that. If you're running SQL server to support Sharepoint, you need a CAL or a processor license for SQL. The list goes on and on...if you're using the resources of the server chances are there is a corresponding license requirement. This typically falls to IT to manage.

In short, make sure you're looking at licensing requirements on your IT management apps as well as your end-user apps.

As always, if you need help - let us know!

SaaS Contracts - A function of Software Asset Management?

Earlier this month I spoke at the IAITAM conference in Nevada on the topic of Licensing Implications in the Cloud (Saas), it was a lively group and an interesting subject. However; the most interesting piece was the conversation it sparked about "Should Software Asset Management (SAM) be responsible for SaaS?".

For me the not so private laugh was the fact that several audience members asked the question right when we got to my slide asking the same question...always nice to have evidence that I do think like a SAM Manager! OK, thanks for sharing my pat on the back...

This is a topic we hear more frequently at our clients. Does subscription software such as SaaS belong under the SAM umbrella or does it belong elsewhere? Certainly businesses have used subscription software for a long time, and commonly it is not handled by IT but instead handled by the business unit that is using the service (think Payroll, HR services, etc).

I don't think there is a global answer for this, but I would urge companies to think about what's at stake if that subscription is suddenly no longer available. What happens if the provider goes out of business or the server hosting the service fails? These are examples of topics that belong in the contract signed for the service...but will a business unit necessarily think to negotiate these into the contract? How is the usage being tracked to ensure that the billing is accurate? Is the business unit going to track it or are they just going to pay the bills (start thinking telecom audit if you don't think subscription billings can be inaccurate)?

While subscription software services might not fall under the traditional SAM umbrella, it needs to fall under someone's umbrella and the SAM Manager is probably the best suited to take on the challenge.

Would love to hear other's thoughts on this...

Practical Advice to Reduce the Cost of Your Software Spend

It is not uncommon for software licensing and maintenance to be the 1st or 2nd largest budget line item for a company, so for all those companies getting ready to go into their budgeting cycle during this tough economy...reducing that number is going to be key to getting budgets approved and getting other key IT projects into the budget.

Here are some practical steps to reducing the cost of your software spend:

1. Get informed - What software contracts do you have, when do they renew, what soft costs are included in the price tag, who's using the software and why?
2. Clean house - Get rid of items not being used or consolidate where two products cover the same functionality (particularly key in IT management software). Focus on products you're still paying for, not those that aren't costing you any licensing fees currently.
3. Research - For your software contracts, when is the publisher's year end (and by default their quarter ends)? Same thing for your reseller. Can you modify any of your contracts to fit those time periods? What would you want in exchange for making these modifications? What new technology are you implementing this year? Does that tie into any of your publishers "hot new products"?
4. Examine all software maintenance contracts - Is maintenance mandatory or optional, what value have you received from maintenance to date, what is the roadmap for that product for the future and does it fit the timeline of your maintenance fees, are you fully leveraging what you've already spent?
5. Evaluate your software reseller - How many resellers are you using? (If multiple, consider consolidation - and ask for increased savings in return.) How are they performing? What value are they bringing to the table for you? How dialed in are they to the publishers, their product use rights, incentives, licensing programs, roadmaps?
6. Ask for help - Throw a challenge to your resellers and the publishers, have a clear picture of what you want as the outcome and ask for their help in reaching that outcome. Do this early in the game, it doesn't matter if your contract isn't up until next August - is there a significant financial benefit to renewing in December, May, June?
7. Negotiate, Negotiate, Negotiate - Everyone is hurting in this market which means deals will be made. Play fair, recognize that everyone needs to make a profit to survive but make sure that profit includes your company.

This takes some leg work, it takes some investment of time and it takes some creativity but the payoffs are there. Alternatively, ask for help.