Title KETIV TECHNOLOGIES, INC | California Arizona Nevada Oregon Washington | 866.465.3848 |...

Title

KETIV TECHNOLOGIES, INC | California Arizona Nevada Oregon Washington | 866.465.3848 | ama.ketiv.com

4-C|1:00 – 2:15 pm

Presenter: Terry Andereck

The Business Side of Autodesk Software: Making the Most of Your Software Assets

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What You Will See Today

Highlighted Discussion on Autodesk Licensing Practices

T&C’s of Autodesk’s Software License Agreements

Real world examples

You will learn something you didn’t know

Best practices for staying compliant

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Introductions

Terry Andereck

Five years with KETIV

Director of Business Services

Senior Management for various companies over a

forty year really, really long career

Former Director of Digital Licensing for Rand McNally

B.A. Economics – Claremont McKenna College

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Disclaimer

We aren’t attorneys

We aren’t providing legal advice

We do want to help you

Questions of a general nature

Raise your hand

Questions of a specific nature

See me afterwards

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Show of Hands Question

1. How many of you know of a company

that has been audited for software

compliance by a major publisher

(Microsoft, Adobe, Oracle, Autodesk,

SAP,etc)

2. How many of you have an individual

or department responsible for your

software asset management?

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Did You Know That?

31% of USA respondents to the most

recent Business Software Alliance (BSA)

survey admit to pirating software?

72% of USA BSA survey respondents

believe that online Auction sites (e.g.,

eBay) provide legal software?

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Did You Know That?

The most common form of software

piracy is purchasing a single license and

and installing it on multiple computers

(BSA)

Many of the cases we see at KETIV are

unintentional and all were avoidable

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Here’s the Deal

Autodesk License and Services Agreement (LSA)

“Autodesk® software is not sold.

Rather, we license it to the end user

under the terms of a software license

agreement.” source: www.autodesk.com

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Here’s the Deal

Autodesk License and Services Agreement (LSA)

“EULA” = end user license agreement

“Shrink-wrap”, “Click-wrap” or “Click-through”

type of Agreement

Widely used by software publishers

It’s a perpetual license

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Here’s the Deal

About the LSA

Sixteen (16) pages of legalese

Different LSA’s for different products

Autodesk “Privacy Statement” is accepted during

installation process

Autodesk Subscription is a separate contract that

grants additional rights

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Where is My LSA?

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Where is My LSA?

www.autodesk.com > Legal Notices & Trademarks

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So What is all of this Small Print?

Effect of Upgrades

Limitations/Prohibitions

Territory

License Types

Audits

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So What is all of this Small Print?

“Effect of Upgrades” “…the license grant and other rights with respect to any Previous

Version will terminate one hundred twenty (120) days after Installation of the Upgrade”

Once a new version is registered you have 4 months to uninstall or destroy the old version

Exception granted for Subscription Licenses

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So What is all of this Small Print?...continued

Example #1 – On 7/1/2012, I upgrade my

AutoCAD 2010 to AutoCAD 2013.

Unless I have a subscription, I must uninstall the 2010 version no later than

11/1/2012

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So What is all of this Small Print?...continued

Example #2 – AutoCAD 2012 and 2013

are installed on my computer. I have a

subscription contract. On 7/1/2012, I

allow my subscription to expire.

Unless I have a subscription, I must uninstall the 2012 version no later than

11/1/2012

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So What Is All of this Small Print?...continued

Limitations/Prohibitions – Transfer of

License

Generally, you are not permitted to rent, loan,

lease, sell, sublicense, or otherwise transfer

Autodesk software to any other person

without the prior written consent of Autodesk.

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Limitations/Prohibitions – Transfer of

License

Common exception - sale or acquisition of an

entire company or wholly owned subsidiary

Transfer License Agreement Form

Must be approved by Autodesk in writing

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Limitations/Prohibitions – Modifications

and Access to Software

Reverse Engineer or Create Derivative Works

Decompile or Disassemble

Bypass or defeat copy protection software

Provide Internet/WAN/LAN Access to the

Software

Service Bureau, Cloud Computing, Timeshare, etc.

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Territory

“Nothing in this Agreement permits Licensee…to Install or Access the

Licensed Materials outside of the Territory”

“…Territory” (a) means the country,

countries or jurisdiction(s) specified

in the License Identification, or (b)...

means the country in which

Licensee acquires a license..."

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Example – I have been

transferred by my company to

our branch in Tahiti. I have a

license of AutoCAD that was

purchased in the USA.

I cannot* take it with me to

my new office in Bora Bora

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Why the Fuss About Territory?

US Departments of Treasury and

Commerce Export Control laws apply

Virtually all foreign nations have strict

import regulations that apply to software

Trade laws matter, even with software

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License Types - Standalone

“Licensee may Install a single primary copy of the specific release of

the Licensed Materials designated in the applicable License

Identification on one (1) Computer, on a Stand-alone Basis, and permit

Access to such primary copy of the Licensed Materials solely by

Licensee’s Personnel, and solely for Licensee’s Internal Business

Needs.”

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Standalone – What About My Laptop?

A single, additional installation is also permitted if:

Installation is not on a server

Accessed solely by the same person as the one using

the primary copy

Person is a licensee or is the employee of the licensee

Used solely to perform work while away from primary

work location and then only for internal business needs

The primary and additional copy is not accessed at the

same time

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License Types - Network

Install multiple copies of the Software on any number of computers

Licenses are shared

A license manager software application resides on a server and acts

as a librarian to control and monitor the distribution of license tokens

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3 Workstations – Each With AutoCAD Installed

License Manager with 2 AutoCAD Licenses

Three Users Sharing Two Licenses

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License Types - Other

Educational

May be used solely by students or faculty at a

degree or certificate granting educational institution

for educational purposes only

Student

“…for Personal Learning Purposes, and only at

locations that not operated for commercial,

professional or for-profit purposes…”

Watermarked (plot-stamped) documents

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Audits “Licensee agrees that Autodesk has the

right to require an audit (electronic or otherwise) of the Autodesk Materials and the Installation thereof and Access thereto.”

Fifteen (15) days prior notice Licensee will provide full cooperation Audit rights are common with all major

software publishers

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“If Autodesk determines that Licensee’s use is not in conformity with the Agreement, Licensee will

obtain immediately and pay for valid license(s) to bring Licensee’s

use into compliance with this Agreement and other applicable

terms and pay the reasonable costs of the audit.”

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What Does All of This Add Up To?

Understand the LSA – it is your agreement

with Autodesk

Obtain and maintain subscriptions

Communicate with KETIV – we can help

you achieve compliance and avoid non-

compliance

Make license compliance a serious matter

in your organization

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What Does All of This Add Up To?...continued

The cost of non-compliance is many

times greater than any so-called benefit

Instill confidence with customers and

vendors

Your business partners expect you to follow

the law

Most software non-compliance is

reported by employees and former

employees

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Autodesk Resources for Staying Compliant

SAM Toolkit

Software registry template

Needs analysis template

Software use policy template

FAQ for Autodesk software

www.autodesk.com > License Compliance

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Autodesk Resources for Staying Compliant

Subscription can help considerably

Previous version rights

Extra-territory rights for 90 days

Home use rights

Coverage reports

Tracking and management via web client

Access to latest upgrades and product enhancements

Cloud services such as file sharing, rendering and Inventor Optimization tools

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One More Thing…Cloud Services

Cloud Computing will

eventually make much

of EULA complexity a

thing of the past

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Closing

Build license compliance awareness in your own

organization

Put someone in charge who is responsible and

accountable

Stay current with your subscriptions

Communicate with KETIV – let us help get the

most from your software assets

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Thank you!

Enter drawingfor a $200 gift

certificate!

Survey Code4-C

Turn in survey at the closing session to enter

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My Contact Information

Thank you!

[email protected] 866-GO-KETIV

Title KETIV TECHNOLOGIES, INC | California Arizona Nevada Oregon Washington | 866.465.3848 |...

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