Voted Best Answer
Feb 09, 2016 - 06:39 AM
1) Use of license by non-contracted parties. Where a vendor states that only the organization buying the license can use it, but this organization had a high number of service partners who needed access to it on their own devices.
2) Cost of audit (including no penalties and only license costs)
3) Use versus install/assigned metric for consumption (compliance)
4) Provision to make and use back up copies
5) Provision for use in non-production environments with no additional license requirement
6) Discount term ie. 5% for three years rather than just the first year.
7) Price increase limit ie. no more than 5% price increase per year/no more than 10% increase during the term of a three year agreement etc.
8) Caps on incremental fees for support,diagnostics etc.
9) Extended coverage for support
10) Termination/Reinstatement fees thresholds/requirements
As a best practice, I'd recomend that you and your SAM team align with the procurement/contract function and generate a list of standard requested terms and conditions. In some cases the vendor will come back with a firm yes or no - the rest you can try to negotiate - sometimes my favorite thing to do!