| Software Licensing Frequently
Asked Questions |
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| What is a software
license? |
| How
do I prove I have legally licensed software? |
| Is
it legal for me to sell software that I have bought and used? |
| What is an End-User License Agreement (EULA)? |
| Can
I make a second copy of my software for my home or portable computer? |
| What is volume licensing? |
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How does transactional licensing differ from contractual licensing? |
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Does each manufacturer have a
different policy with regard to licensing? |
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What if a new version of an
application is released? Can I upgrade my software? |
|
What about technical support? Is
that included in the price of a particular license? |
| My question wasn't answered
here. Where can I
go for more information? |
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Q: What
is a software license? A: Probably the most important (and
perhaps most misunderstood) difference between computer software and
other assets that your company may have purchased is that you don't own
the software. What you have purchased is a license to use the
software.
When you purchase software, whether it is in a box in the store, with
a computer that you purchased, or downloaded of the Internet, what you
really are paying for is a software license which gives you, the user, the legal right to use
that
particular software application. It is very important that you file both
the software license and the proof of purchase a secure place.
Furthermore, since software licenses can vary widely, not only across
software vendors, but often even across the same software application,
you also need to read, understand the terms of each and every software
license purchased.
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| Q:
How do I prove I have legally licensed software?
A: The key to being able to prove that your software is legally
licensed is to have good documentation that what you have installed
matches what you have purchased. Current best practices recommend
that you complete the following steps at least every three to six
months:
- INVENTORY what is installed
- DETECT what is installed
- NAME the application without using a database or registry
method
- UPLOAD the results to a central repository
- FILTER the results to focus on major application packages
- AGGREGATE the results to work out "how many copies
of"
- IDENTIFY LICENSES and check the installations don't violate
license conditions
- LOCATE ORIGINAL media and secure it
- CHECK media for counterfeit or bad copies
- ESTABLISH PROOF of Purchase by marrying invoices to asset
ownership
- CULL and REMOVE illegal copies
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| Q:
Is it legal for me to sell software that I have bought and used?
A: In some circumstances, yes, as long as you follow the terms of
transfer outlined in your license agreement. You may not rent or
lease the software, but you may transfer your rights under the End
User License Agreement (EULA) on a permanent basis provided you
transfer all copies of the software and all written materials,
including the original license agreement, where applicable. For any
valid transfer, the software recipient must agree to the terms of
the EULA. Any transfer must include the most recent product upgrade
as well as any prior versions that you have.
Most vendors will require you to remove all copies
of the product from your computer, including your portable computer,
in instances where a “second copy” is allowed prior to transferring your
software.
Note, many products distributed by Original Equipment
Manufactures (OEMs) may not be transferred under
any circumstances. Check the terms of the EULA accompanying the OEM
products to determine transferability.
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Q: What
is an End-User License Agreement (EULA)? A: An EULA is the standard license that comes with most software
purchases. It usually appears in one of three forms: an electronic
agreement that is found on the software itself, a piece of paper
included in the software's packaging, or a piece of paper added to
the user's manual. The agreement protects the author (your
software's publisher) against unauthorized copying of the software
and/or other violations of its property rights. Unless it is
specified otherwise, most software products are for a single user
only.
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Q: What
is an OEM software license? A: When computer manufacturers
such as Gateway or IBM sells a computer system, they usually include
an operating system (i.e. Windows) and some application software
(like an office suite) as part of the system package at a discounted
price. The software is the same as what you might buy in a retail
copy, but the software license is tied to the hardware you purchased
with it. These types of licenses are known as Original Equipment
Manufacturer (OEM) licenses.
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| Q:
Can I make a second copy of my software for my home or portable
computer?
A: In most cases, no. However, the software license agreement which
you purchased will outline very clearly whether you can or not.
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Q: What
if a new version of an application is released? Can I upgrade my
software? A: Most software vendors allow licensed users either to upgrade
versions for free or at a discounted rate. Some
vendors offer upgrade assurance programs through their volume
license programs allowing for free upgrades within broader time
frames. However, you should check the terms and conditions for each individual
manufacturer, as upgrade policies can vary.
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Q: What
is volume licensing? A: Volume licensing represents bulk license purchases that are intended
for the needs of medium-size and large companies. These licenses are
available for many products and typically range from five-user
licenses to ones for more than 1,000. The agreements most often come
in paper form (i.e., a certificate that indicates specific user
permissions). This means that when you purchase your product
license, you are expected to have the original software already. The
new license grants you permission to use that software on additional
computers. You may also purchase new software media to match the
number of licenses you own.
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Q: How
does transactional licensing differ from contractual licensing? A:
Transactional licensing is geared towards organizations of all
sizes, and does not require a legal contract. To use a program like
this, customers simply must initiate and complete a purchase.
Contractual licensing often is targeted towards larger
organizations, often involves a legal contract between the
manufacturer and the user, and spans a period of one to three years.
Contractual licensing programs also can involve forecasting.
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| Q: Does
each manufacturer have a different policy with regard to licenses? A:
Most software vendors have set up their own systems for selling and
merchandising licenses. infusionIT recommends that you check with
each vendor for specific information about its individual licensing
policies. Our online license purchasing system maintains all of the various
purchasing rules of the vendors, so you can shop for licenses easily
through our system.
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| Q: What
if a new version of an application is released? Can I upgrade my
software? A: Most software vendors allow licensed users either to upgrade
versions for free or at a discounted rate. Some vendors offer upgrade assurance programs through their volume
license programs allowing for free upgrades within broader time
frames. Please check the terms and conditions for each individual
manufacturer, as upgrade policies can vary.
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| Q: What
about technical support? Is that included in the price of a
particular license? A: Most vendors will provide a certain amount of technical
support per product. As these policies vary according to each
manufacturer, we recommend that you check the terms and conditions
of each individual vendor for details.
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| Q:
My question wasn't answered here. Where can I go for more information?
A: Here are just a few of the many licensing information resources
available on the web:
You can also contact us at infusionIT.
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