Software Buyer Resources

5 Tips for the Software Negotiation Process

You should also spend time asking about the layout of the contract: what might be potential snags and sticking points, and what are the important clauses you might not be aware of? For example, an Evergreen Clause is a renewal clause that automatically renews maintenance agreements after the negotiated ones expire. This might be something you’ll want to consider as you plan your future use of the software.

5. Plan for the future

The future is uncertain, and when negotiating a software purchase you want to make sure to account for every eventuality. For instance, will you have access to the source code if the vendor goes out of business and can no longer provide support? Make sure a contract provides for ownership of the source code to be held in escrow on your behalf against just such a possibility. In the case of excessive system downtime or some other major problem with the new application, include provisions allowing you to be compensated by the vendor. Be specific about which problems require compensation, and also make sure to be fair in the amount of compensation you ask for.

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