Analysts at Gartner & Forrester predict Software
License Compliance Audits by Software Vendors will increase in 2012 with
significant revenue targets. There has been an increase in such audits since
2008 and major Software vendors have set up exclusive audit teams internally
and taking help of external consultants for conducting software audits in the
client/non client organizations to check whether customers are complying with
their contracts and paying for what they’re using. Businesses spend significant
amounts of money on the software licenses and software like ERP, OS,
productivity software, etc are vital for day to day operations. Software is
often bought by the centralized procurement teams who buy the necessary
software after evaluating them based on the Organization IT policy. Common
types of software licenses are User (access for limited users), Enterprise (unlimited
within enterprise), concurrent (simultaneous users limit), CPU/Processor based,
device based, etc. Software licenses are complex and entitlement information is
not easy to understand. Large organizations have thousands of employees spread
across the globe and have of millions dollars worth of software licenses. Software
licenses have to be managed efficiently which otherwise lead to rise in costs &
penalties due to non compliance or breach.
Drastic rise in number of
Software License Audits
According to Gartner Report titled “The Software
Vendors That Are Auditing Now and What to Do About It” in 2011 65% of
228 respondents reported being audited by at least one software vendor in the
past 12 months which is significant rise when compared to 61% of 144
respondents reported being audited in 2010 and the percentages were 54% in 2009
and 30-35% in 2008. The reason for such a drastic rise in the software audits
can be attributed to the Global Financial Crisis in 2008 which affected the
revenues and profitability of major software vendors. Major software vendors
started using the software license audits and subsequent revenues generated through
non compliance by the clients as a way to bridge the revenue gaps. The top five
vendors in terms of numbers of audits were: IBM, Adobe, Microsoft, Oracle and
SAP who are also looking for significant ROI from audit teams and providing
their total support. Audits not only lead to revenues but also help vendors to
safeguard their IPR and proper usage by clients. Most of the major software
vendors conducted the license audits intended to increase the revenues. (Chart:
E&Y SAM Survey)
Other
reasons include protection of the Intellectual Property Rights, as Software
vendors invested million of dollars in developing the software and they should
protect from piracy, misuse, etc, make sure that clients are using the required
number of licenses as agreed and not breaching the license terms. Software
vendors as part of their internal compliance should also monitor the clients
usage, educate the clients about the importance of the software asset
management, cost savings that can be attained due to efficient software license
management and issues when breached the license terms like penalties, legal
issues etc and use the audits to check customer satisfaction, software
improvements and updates, etc. Software Vendors are targeting such clients, who
have inconsistencies in purchasing patterns; poor license compliance history,
size & growth of businesses in various geographical locations, and during
M&A. Vendors are keeping close eye on their clients businesses and are
collecting the necessary intelligence regularly. There are many tools available
for vendors that help them to track the unauthorized use of software, pirated
software and vendors have come across instances where customers have over used
which led to million of dollars of fines and also some customers were found
using pirated versions of the software. Software
Vendors are working with software asset management tool suppliers to guide
& support customers.
Reasons for Client’s Software Non
Compliance
Reasons for non compliance range
from lack of proper tools for the management & end users to track the
software licenses, usage and lack of understanding about non compliance of
software license terms. Software licenses have complicated terms and conditions
which are very difficult to understand and the types of licenses and the
various terms for each type vary so much that it is not easy to understand them
and experts are needed to understand the license terms. Another reason is
managements often overlook and depend on the IT department on the purchase and
maintenance of software but managements has to actively involve and keep track
of the software license usage as non compliance penalties run into millions and
hurt the company reputation. Some of the Software that businesses use is very
costly costing million of dollars and their purchase also involves the hardware
up gradation and users in the company have to be informed about the licensing
terms and make sure they understand the risks. Software licenses and assets
have to be valued during due diligence at the time of M&A and businesses
have to be very careful in terms of software assets. Businesses often
unintentionally non comply the software license terms and most of them do not
have tools and expertise to conduct the software audits and are not serious
about audits until the software vendors ask for a audit. (Chart Source: E&Y
Software Asset Management (SAM) Survey)
Positive aspect of Software
Audits
Software Compliance audits are
tedious and both the vendors and clients have to invest resources like time,
people and money for conducting such audits. Non compliance may lead to
penalties in millions of dollars, legal battles, reputation damages and
problems in vendor client relationships. Software audits are costly as it
involves buying new tools and technologies, recruiting people or engaging
expert third party consultants and also involves IT management time &
focus. But there are positive aspects of the software compliance audits like cost
savings both direct & indirect in terms of buying additional software or
using efficiently existing software, audit is a good practice that provides
control on the internal software buying and usage that leads to reduction in
non compliance and risk of vendors asking for audits and also helps in preparing
in advance so as to face the software vendor audits confidently. Many
organizations have framed a formal Software Asset Management policy, bought
tools, technologies and have recruited Software Asset Managers and also took
help from third party consultants. Most of the large businesses are maintaining
a database of all the software within the organization and inventory is
constantly updated for effective use.
Software License Asset Management
– Opportunity for Outsourcing Vendors
Simply buying a tool, formulating
SAM policy and employing Software Asser Manager/experts will not be sufficient;
SLAM is a complex process that involves creating a comprehensive database,
inventory of all the licenses, verifying each and every license, documenting
the license terms, rights, etc, track usage in terms of installations, number
of licenses and also safe guard all the relevant documentations in central
repository which is easily accessible to all the relevant stake holders. The
database has to be constantly updated and should be integrated with the
procurement and purchasing teams so as to check the availability internally
before purchasing and software license can be easily transferred to the
required user without delay as the new software purchases have to go through
complex approval process at various levels from IT to finance. The tools
generate data about the software being used with in the organizations but
relevant reports have to be developed from the data and use it effectively in
decision making. SLAM can be outsourced to IT/BPO Vendors.
Outsourcing vendors can support
the clients in SLAM by playing a pivotal role in updating the software database,
managing software inventory, manage license documents repository, checking the
availability in the present inventory, generating savings by reducing the spend
on buying software licenses, generating weekly and monthly reports regarding
the software licenses, identifying the over usage and informing the procurement
and IT teams before the vendor audits and help them renegotiate the licenses. Employees
in the client’s organizations have to be made part of the process in terms of
the software they are using and making sure they report the usage and
understand the license terms. Outsourcing Vendors can play a major role in
educating the Client’s employees in terms of the risks both financial and legal
involved in SLAM. Software Asset managers also use the support of the
outsourcing vendors in the Vendor Audits and face the audits effectively
without any problems, conduct internal audits to know the present usage status
and outsourcing vendor resources are low cost and have domain expertise in the
SLAM process which helps in decoding the complex Software license terms and
agreements and make sure that the breaches do not occur. SLAM is one of the
areas of revenue growth for Outsourcing Vendors in 2012.
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