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Rule number 2: Knowing what to expect! Audits can hit any company that has purchased software from specific manufacturers. It all starts with a letter from a software manufacturer, such as Microsoft, announcing the test.
After receiving the letter, the company has 30 days to prepare for the audit. At this stage, the company must provide all records of the software use that the software manufacturer wants to see during the review. On the first day, the auditors — usually two employees of an auditing firm — first conduct an introductory discussion with SAM managers. They show the completed license agreements and an overview of the used software licenses.
The examiners then randomly check the information from individual workstations and check whether software licenses are available for the corresponding devices. The on-site test can take only a few days or several weeks. Rule number 3: Know your rights and obligations! By purchasing or renting the software license from the manufacturer, the company concludes a license agreement. This contains the so-called examination clause. With this clause, the manufacturers secure the right to check the license status in a company.
The audit is part of the license agreement between the company and the software manufacturer. Details vary by contract, but the rule is to provide the auditors with access to all the information they need to be audited.
He must also check licenses for subsidiaries or other branches of the company and the customer must prove for each used software that he has licensed what he uses. There are typically numerous different documents that are linked and incorporated by reference, and which need to be considered holistically when determining what can and cannot be done.
The devil is unfortunately in the detail. The next step is the contractual and commercial negotiation and ensuring that your requirements are reflected in the licence agreement. This can, however, be tricky when negotiating with the larger software providers who are often reluctant to negotiate their legal terms.
The true-up mechanism will then ensure that what you pay is reflective of the licence overuse alone and is not a penalty for the overuse. The legal risks will need to be weighed up with the commercial risks, as the software supplier will likely offer more favourable pricing for a longer term and this will have to be managed carefully within your organisation. Many software suppliers have dedicated audit functions that monitor and enforce compliance with their license parameters.
Put in place procedures that track the usage and number of licences that are purchased and being used, and also cross-check your findings with those of the software supplier Lighthouse has created an online portal Lighthub which can assist with tracking.
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