The Micro Focus License Compliance Charter is implemented through a license verification process run by our Global License Verification Team.
The process involves us regularly asking our customers (including our distributors and resellers) to provide information about Micro Focus software deployment. Depending on the product and particular circumstances, this may be through asking our customer to complete a license verification questionnaire, an assessment of customer usage by a Micro Focus representative, a mutual system review and/or an onsite data collection performed by a Micro Focus or third party auditor.
Micro Focus recognises that non-compliance can happen unintentionally. Mergers and acquisitions within customer organisations, changes in deployment practices, lack of license management and simple misunderstandings about license requirements typically cause questions or concerns about whether an organisation is correctly licensed. It does however remain the responsibility of our customers to ensure that they are correctly licensed and we will support and collaborate fully with you to resolve any actual or anticipated licensing issue.
What customers can expect to happen during the License Verification Process
Stage 1 – Information Gathering
- Micro Focus or one of its representatives will contact the customer to request the provision of information within a specified time (usually 5-10 days) regarding its Micro Focus software usage.
- Information gathering may be requested in the form of completion by the customer of a license verification questionnaire, an assessment by a Micro Focus representative, a mutual system review and/or an onsite data collection performed by a Micro Focus or third party auditor.
- The information requested will depend upon the products involved, but will likely include details of Micro Focus software usage in your development, deployment, testing and other environments. Providing this information is a requirement under the Micro Focus end user license agreement which governs your use of the Micro Focus software.
- The customer will also be asked to provide contact details of a knowledgeable person within its organisation who it designates to work with Micro Focus to provide the information quickly and accurately. There may be further communication between Micro Focus and this individual to enable full information to be gathered.
Stage 2 – Verification of Information against Purchased Licenses and Identification of any Licensing Issues
- When full software deployment and usage information has been provided, Micro Focus will compare it with Micro Focus’ records of your purchased Micro Focus software licenses.
- Micro Focus will then notify the customer of any apparent licensing issues (usually within 10 days) and the customer will be asked to confirm the contact details of the person authorised by its organisation to resolve any licensing issues.
- If no licensing issues are identified Micro Focus will confirm this to the customer.
Stage 3 – Resolution of any Licensing Issues
- We are committed to work with our customers to resolve any licensing issues quickly, amicably and commercially, with minimum disruption to their business. In return, we expect our customers to co-operate with us so that resolution of any licensing issues is achieved within 45 days of a license discrepancy notification.
- Micro Focus takes a firm and fair approach to resolving licensing issues, in discussion with the customer and based on applicable list pricing. Remedies open to Micro Focus in these instances may include but are not limited to:
Charging the applicable list price for additional software licenses required to correct unlicensed usage.
Charging maintenance fees for the period of unlicensed use.
Charging term license fees for the period of unlicensed use.
Charging interest on the late payment of fees for the period of unlicensed use.
Suspension of technical support service and software updates.
Termination of the existing license agreement and associated licenses.
Cancellation of distributor/reseller status, where applicable.
- Nonetheless we are committed to achieving a resolution that is in the interests of both Micro Focus and our customers.
- To ensure resolution is achieved quickly in the interests of both the customer’s business and Micro Focus we may need to escalate issues to senior managers within the customer’s organisation. If undue delays arise on the part of a customer, a licensing issue may also be referred to Micro Focus’ Legal Department which has the authority to pursue additional remedies if necessary, including without limitation, termination of applicable licenses, maintenance and/or reseller contracts and litigation. Please be assured that Micro Focus will wish to avoid this course of action wherever possible. Customers may also escalate their concerns within the Micro Focus organization by contacting Micro Focus’ Global License Verification Director in the first instance (email@example.com), President of Sales or Chief Operating Officer.
- Use of Micro Focus software is governed by an end user license agreement directly between Micro Focus and the end user customer. As licensee of the Micro Focus software, the end user customer therefore has responsibility for ensuring that its use complies with the applicable license agreement. Any licensing issue must therefore be resolved directly with Micro Focus.
- Distributors, resellers and other intermediaries are also subject to the license verification process to ensure that Micro Focus software is distributed in accordance with their agreement with Micro Focus.
- Resolution of any licensing issue is usually finalised by the execution of a purchase order and/or settlement agreement, as mutually agreed, and the applicable payment being made.