A: A software audit request is a legal issue that should be dealt with by your in-house or external legal counsel. “The licensee has the right not to control the licensee`s use of the software more than once a calendar year, with reasonable notice, in order to ensure compliance with the terms of the license agreement.” A software license agreement does not usually consist of a simple contract or document. Rather, it is a patchwork of many documents, including service agreements (masters), product terms, order forms, licensing rules, etc.  – The Gartner survey “The Software Vendors That Are Auditing Now and What to Do About It” from November 27, 2012 is available from www.gartner.com/doc/1906816 (as of November 20, 2013).  – More information on the legality of software audits under German law is available in the upcoming Kotthoff/Wieczorek essay, Multimedia und Recht, Edition 01/2014.  – With regard to German law, a licensing clause should normally be interpreted in favour of the licensee, in this case the software provider; kotthoff/Wieczorek, multimedia and right, Edition 01/2014.  – For German law, see Kotthoff/Wieczorek, Multimedia and Law, edition 01/2014. Difficulties may arise when the licensee and the licensee interpret the metrics differently, particularly for older license agreements whose wording may be obsolete and which must be applied to new technologies and interfaces in a way that was not expected at the time of the first signing of the contract. As a partner at Scott-Scott, LLP, Keli focuses primarily on software licensing and copyright infringement.
She advises clients in a wide range of industries to ensure compliance with software licenses and develop strategies to maximize the value of software licenses. There is not a single form of software licensing agreement. A software license agreement can vary as much as the software to which it refers, and software and software licensing models are constantly changing and evolving. Despite this fluidity, a checklist of software licensing agreements can be a useful tool for both licensees, licensees and their internal stakeholders, whether negotiating a live agreement or preparing a software licensing agreement. It is therefore important to gather all the contractual documents and represent the contractual framework in the preparation of a review, as this defines the rights and obligations of the licensee and the licensee.