Micro Focus settlements are often punitive, and, like many vendors, they charge list price in their settlements which is usually way above what a customer would spend on the software. Keep in mind that the settlement number is not legally binding unless a judge has determined it so.
You can and should negotiate with Micro Focus to reduce this fee. If you do need to purchase extra licence entitlement as the result of noncompliance in your audit you can try to leverage various negotiation tactics to reduce the overall fee, or at least ensure your organisation benefits from an investment in software that is required for your business goals. You should also make sure there is an audit holiday in the closing letter to stop Micro Focus from auditing again in at least 12 months.
It is easy to focus on the negative aspects of an audit, but this is the best time to prepare your environment for the next audit and take control of your software. You should always save a copy of the compliance report this is true for any vendor audit as it can be used as an accurate baseline for future planning. You can use this compliance report to understand any remaining risk in your Micro Focus estate and work towards long-term licence compliance, as well as identifying the areas where you are over-licensed or have software that is no longer required.
These can be great starting points for optimising your software spend. It is important to learn from an audit and use the data available to shore up your Micro Focus licensing estate, reducing ongoing compliance risks and removing unnecessary spend. Poppy is a SAM and licensing specialist with experience including roles as Compliance Manager for a major software publisher and a professional services SAM account lead across a variety of industries.
The FisherITS team is made up of licensing experts who worked for the Big Four publishers or audit firms which means that they understand exactly what you need to do to defend from audits and what to expect from a software license audit. We have developed a suite of commercial and technical methodologies that are designed to minimise your financial exposure if you are under an active audit threat. Skip to content Menu.
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Poppy Gacke Senior Consultant. How to Prepare for a Micro Focus Software Licence Audit Successfully defending a software licence audit from Micro Focus begins well in advance of receiving an audit request letter from the vendor. Subject to i acceptance of and compliance with this Agreement and ii timely payment of all required payments, Licensor and its suppliers grant you a non-exclusive, non-transferable license to use the Software for internal business purposes in accordance with the applicable product use rights "Product Use Rights" as set forth in the Product Use Rights Appendix which is attached to this Agreement and incorporated by this reference.
This license is subject to the following terms as applicable:. If the Software is provided to you as a "Complimentary" or "Comp" copy, then you may use a single copy of the Software for demonstration, test, or evaluation purposes only.
If the Software is provided to you as an "Evaluation" copy, then you may install and use a reasonable number of copies of the Software for the Evaluation Period only, solely for evaluation and test purposes and not for production use. The "Evaluation Period" extends from your first installation of the Software to the earlier of i the date when the Evaluation version automatically ceases to function, or ii sixty 60 days after your first installation.
At the end of the Evaluation Period, your license to the Evaluation Software is automatically terminated , and you must destroy all copies and partial copies of the Evaluation Software. Any data migrated or extracted from production data sources, or any software created, through your use of Complimentary or Evaluation software, may be used only for the limited purposes set forth in this sub-paragraph A, and must be destroyed upon termination of your Complimentary or Evaluation license.
If you received the Software as an entitlement under a Licensor support or maintenance program with regard to software previously licensed to you "Prior Software" , then this paragraph applies to you. You may use the Software to replace your licensed unit count of the Prior Software on a one-for-one basis, such that the total number of Software and Prior Software units does not exceed the authorized licensed unit count for the Prior Software.
Upon your first such replacement of Prior Software, this Agreement shall govern any surviving units of Prior Software for as long as such units survive, except that the product use rights terms of the original Prior Software license shall override the corresponding Product Use Rights terms of this Agreement. If you are not yet ready to deploy the Software, you may retain a copy of it for future use in accordance with the terms of this Agreement. If your license certificate characterizes the Software as an upgrade or migration from or competitive trade-in of other software previously licensed to you "Subject Software" , then this paragraph applies to you.
You must comply with any special instructions accompanying your license transaction for the Software, and you must destroy the Subject Software when you deploy the Software unless such accompanying instructions direct otherwise. This Agreement is specific to the Software by product and version that it accompanies, and you may not re-allocate your Software licensed unit count to another product or version except under express written permission from Licensor.
Unless such permissions are granted in the Product Use Rights Appendix, they must be obtained via a separate written "Authorized Alternatives" agreement, which Licensor may elect to publish at www. If you acquired the Software subject to limited-use restrictions e.
Except as otherwise expressly provided in this Agreement or the applicable Product Use Rights, the following rights and limitations apply:. Licensor reserves all rights not expressly granted under this Agreement. The Software and its structure, sequence and organization are valuable trade secrets belonging to Licensor and its suppliers, and you agree to hold such trade secrets in confidence.
Any source code that you do legitimately discover may be used solely for the purpose of enabling your exercise of the rights granted to you under this Agreement. You may not copy the Software, or any portion thereof, except as allowed by the applicable Product Use Rights and except to make one copy for institutional backup or archival purposes.
Any such backup or archival copy must not be installed except as part of a recovery event. You must include all copyright notices and other proprietary rights legends on each copy of the Software. Regardless of whether the Software is delivered to you as one integrated package, or as a collection of modules and components, it is licensed as a single product, whose component parts i may not, under a single licensed unit, be separated for installation or use on more than one computer, except in accordance with the applicable Product Use Rights and the Software documentation and ii may not be operated in a manner that exposes the component functionalities for general-purpose use beyond the scope of the Software as represented in the Software documentation.
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