Modifications to the Licensing Agreement
Modifications to service agreements
Where we have provided quotations for services, the process for modifying these agreements is for prospective clients to red line the agreements and return them to us, and/or, provide comments.
Modifications to software license agreement
In general, we do not accommodate requests for modifications to our Licensing Agreement. That is, all our customers have the same agreement for any particular version of our software.
This is largely a matter of practicality: the license agreement is built into our software, so to modify the license agreement requires us to rewrite our software, which is very expensive. This policy is standard practice when purchasing standardized software (i.e., software that is not customized for a specific user).
However, in some situations we are willing to enter into more stringent Non-Disclosure and Confidentiality Agreements than those that are contained in our Licensing Agreement, provided that they do not contain terms that contradict our Licensing Agreement. Please see Non-Disclosure and Confidentiality Agreements for more information.
Where a customer commits to pay all our legal costs, we are open to reviewing the licensing agreement, but this is generally a slow process, as we need to consider the implications of proposed changes on our entire customer base, and then re-release software with the revised modifications.
Client terms, conditions, and service level agreements
The license agreement "constitutes the entire agreement between the parties in connection with its subject matter and supersedes all previous agreements or understandings between the parties in connection with its subject matter". Consequently, as a general rule we do not agree to any other terms and conditions of purchase, except where they relate only to non-disclosure and confidentiality.