Question by Marcos P: Someone know if there is a guide or laws for software licensing acquisition and handling?
I own a software for Financial, Human Resource, Budget management and the manufacturer is invoicing me for applications of the software that never had been implemented, nor used. So I want to renegotiate the invoiced so it only include the licenses of the modules in used.
Best answer:
Answer by Mike
It depends on the license that you purchase. For example, if I purchase Microsoft Office, and I use everything except for Access, I still purchased it as a suite.
If each module that you need requires an individual license, or code, or dongle, or whatever it is that your provider uses, then yes you can probably re-negotiate that when your contract comes up.
If the software package was purchased as a suite, then you might be able to negotiate a lower support cost. Indicate to your provider that you don’t believe you should pay the same for support when you are only requesting support for part of the package.
You are the buyer – negotiate a lower rate based on your logic and look for a competitive bid. Make sure your current provider knows that you are in a selection process and would like a bid from them as well – bringing up your points above to remind them that you believe you are paying too much.
Someone else just pointed out that you are stuck in a contract. That’s true – I was assuming that you were getting a new contract. If you signed a contract, it’s pretty much too late. Sometimes you can re-negotiate, but they probably didn’t break any laws since you should have seen what you would be paying and the terms before signing.
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Ok–negotiate away. But what you’ve got is a contract that you’ve probably signed. Either party can request parts of it be changed by agreement. So, the starting point is the contract you already have, not some “guidebook.” Also, you can sue for the tort (civil wrong) of unjust enrichment if you want to. The software company’s defense will be that you signed the contract, and they provided what they agreed to provide. They didn’t force you not to use all of it. Caveat emptor.