knowledge & insights

Click-Through Software Vendor Contracts Are Anything But Inconsequential

We were more than pleased to be interviewed by Lena J. Weiner and subsequently featured in her recent blog post hosted by our partners at LicenseFortress entitled "Click-through Caution: Why You Need to Read the Small Print". Lena’s post draws much-needed attention to the fact that software vendor contracts can seem more innocuous when delivered in a 'click-through' fashion. However, any software vendor contract should be approached with caution and trepidation – just because it is executed in a ‘click-through’ format does not mean that it should be treated any differently.

Lena writes:

The stakes are high for the click-through contracts vendors such as Microsoft, Adobe, Oracle are frequently presenting to clients. But given the informal feel – scroll through and click – it can feel inconsequential. “It’s easy to be lulled into complacency,” warns Arthur Beeman, attorney at Beeman & Muchmore, LLP, a law firm based in San Francisco that partners with LicenseFortress. 

“We have absolutely had clients that have wandered into new master agreements and had no idea that they had done so,” says Muchmore. “Bam, they’re being controlled by a new document for the first time in 20 years.” 

It’s best to carefully read through the fine print, of course. And what to do if you see something that raises an eyebrow?

Respond smartly. Read the contract and assert yourself. “Hey, don’t like this provision,” suggests Muchmore for a response. “Can’t we keep the old contract?” Let your rep know that you see the difference and don’t accept it.

What can you do if you sign a new software vendor contract without realizing exactly what you’ve done?

Let’s say you had a big day and signed a click-through contract on autopilot. Oooops. If it’s the same day or soon after, reach out to your Oracle rep and let them know that you made a mistake. “I bet you could, with a bit of adamance, pull something back in 24-to-36 hours,” says Muchmore. But don’t dally – after a week, it’ll be very hard if not impossible to backtrack, so act quickly!

The most important thing to remember is that often software vendor contracts are actually meant to be confusing. As such, always proceed with caution and never be afraid to reach out for help to protect your company. 

We encourage you to go straight to the source and read the article in detail yourself.

Thanks against to Ms. Weiner for including us.

Published on 7/7/2021

Software licensors are known for vague contracts—they’ve made a business of it. 

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