For successful drafting and negotiation of software licensing and maintenance contracts, the customer must determine:
It is important to understand the agency’s business problem that the software being purchased is intended to solve. For example, is the agency planning remote locations? Will existing licenses be adequate for any expansion? The more information the software buyer gathers, the more effectively the contract can be customized to protect the agency’s and the Commonwealth’s interests.
Read the license terms very carefully. Ensure that the contract provides for the following:
Whatever the agency’s business objective in buying the software, it is advantageous to build flexibility into the software licensing and/or maintenance contract to insure that the licenses can adapt to changes in a fast moving technical environment.