Software acquisition agreement template,video advertising exam questions and answers 80s,download windows media player 64 bit - 2016 Feature

27.02.2014
Pune based ElectraCard Services Private Limited, a wholly owned subsidiary of Opus Software Solutions, has been acquired by Global payment services company MasterCard. In a press note released today, MasterCard has announced that it has entered into an agreement with Opus Software Solutions of 100% acquisition of ElectraCard. ElectraCard is a leading global provider of software solutions and processing services for electronic payment and card systems. According to ElectraCard’s website, they are powered and managed over 200 million cards and 4 billion transactions till date.
The acquisition of ElectraCard will enabled MasterCard to extend its existing offerings and adds to the company’s turnkey issuing processing, acquiring processing and switching solutions.
Ramesh Mengawade, Chairman of Opus said: “We have had a strong relationship with MasterCard for many years now and are excited that the ECS team will be part of MasterCard enabling it to deliver turnkey processing solutions to its customers. Billions of dollars are invested in commercial software across the Defense Department annually, but licensing rights are complicated and affect the total cost of ownership (TCO) for a command and the Department of Defense positively — if defined correctly — and negatively — if they are not.
Agreeing to standard terms and conditions can be hazardous to your program’s health and financial solvency. In this article, EULAs are defined as the comprehensive license agreement between the government and a publisher or reseller — which can extend beyond simply end user’s rights. When purchasing a license always ask if a government EULA is available and remember that the order of precedence is key in resolving any inconsistencies in the software publisher’s end user license agreement. Assembling the right team is so important for a number of reasons, for example, requirements personnel may understand technology but not licensing which can be complex. Define the number of years coverage is needed, and whether software distribution has been considered. Is electronic download available or are there special distribution scenarios that need to be addressed in the requirement and used in the evaluation for award? The software industry can be volatile with companies merging or going out of business, will you need an escrow agreement? If your process leads you to select a limited or sole source, you must provide brand name justification.
Identify the entities that are permitted to use the software (government and contractor) and fully define terms such as: enterprise, program, affiliate, internal use and subsidiary. Check for unusual license metrics such as usage charges tied to virtual machines or remote access. Check for specific license restrictions such as those related to hardware make, model or geographic location.
Although using a DoD ESI end user license agreement will ensure that the terms and conditions have been "scrubbed" for you, you should still specify definitions and examples of intended use to eliminate ambiguity.
Every software publisher has a unique end user license agreement and a vendor (may be the publisher’s reseller) proposal may add additional Ts & Cs.
ElectraCard enables financial institutions, retailers, telcos and card companies to manage and process card transactions across multiple channels including ATM, PoS, internet as well as mobile.
They have over 100 customers and their software solution powers over 50,000 ATMs worldwide.
ECS’s expertise complements MasterCard’s products and services, making us an even stronger player in the field of processing and switching. Companies change end user license agreements (EULAs) frequently and software buyers must stay on top of current trends and best practices to ensure their money is well spent and their programs are successful.
There are different kinds of EULAs: commercial, General Services Administration (GSA), government and the ESI Enterprise Software Agreement (ESA) version. Bringing in contracting personnel as early as possible into your process can go a long way in ensuring that the government’s interests are protected.


For example, will you need hard copy media and is it identified and included in the purchase price? An escrow agreement, sometimes called a source code repository, is the deposit of the software source code with a third party escrow agent. Define the process you will use to select the product or vendor to meet your requirement by outlining technical evaluation criteria.
License price is based on the maximum number of users who could be using the software at any given point in time. License price is based on the number of computers (CPUs) and cores to which the software can be deployed.
License price is based on a decision to deploy the software across an entire enterprise (as defined by the customer).
This model is used primarily with large, multinational or global customers with a high number of users — usually more than 10,000. Check for additional rights, for example, some licenses allow home use or on a laptop, in addition to the office setting. Clearly define additional license rights and specify the addendum changes that are at no additional cost. Understand the warranty protection afforded by the FAR; ensure the warranty begins with productive use, not with delivery and that the buyer’s requirements are adequately documented. Add language in the terms and conditions of your order with those Ts & Cs taking precedence over the EULA that allow for transfer of your licenses within an affiliate of DoD.
At a minimum, obtain transfer rights within your component, for example, Department of the Navy, Department of the Army, and Department of the Air Force. The ESI end user license agreement includes language giving precedence of the ESI EULA over a click-wrap license, thereby voiding any conflicting click-wrap license terms and conditions.
Understand the implications to software use and maintenance rights if an order is terminated without completion of expected payments. If you intend the software to operate in a virtualized environment, you must negotiate this requirement in your terms and conditions. Technical support is dependent on the publisher and may or may not be included in a maintenance agreement.
The determination of product or service could affect the allowable contract coverage period and funding. Is there a right (free of charge) to make unlimited copies of the software for internal use in non-production instances? Escrow is typically requested by a party licensing software (the licensee) to ensure maintenance of the software should there be a "triggering" event. This model is used primarily with large, multinational or global customers with a high numbers of users — usually more than 10,000. A term or subscription license grants end user rights for a specific period of time and must be renewed for continued use. Check that a right granted in one area of the agreement is not changed or removed by another provision in the agreement. This is a critical advantage because organizations within DoD frequently merge, realign or are disestablished. DoD must be aware of third party software requirements embedded within the EULA, and you must consider the risk of procurement. Publishers of shrink-wrap software or online applications generally use click-wrap licenses to obtain end user consent.
In this case, users can click "accept" if necessary without jeopardizing the terms of the ESI EULA.


The DoD recommends incorporating audit rights specifying that the buyer (DoD) should perform self-audits and report no more than once per year. Address retention of rights when vendors are bought by other companies or when products are re-packaged under another name.
The terms and conditions of the EULA or the ordering documents shall reflect that federal law \will apply to the government contract and therefore federal courts will have jurisdiction in case of a dispute. If you are not able to change the EULA, have the terms of your order take precedence over the publisher’s EULA. Remember when you virtualize hardware you still need a software license for the virtualized servers.
Other benefits such as training are dependent on the publisher, as well, and may or may not be included in maintenance. Define the scope of the project, will a test and development license suffice or will you need a full use license?
The software source code is released to the licensee if the licensor files for bankruptcy or otherwise fails to maintain and update the software as promised in the license agreement.
Get the best pricing by considering market research findings and ensure discounts are appropriate for the size of the order. This is important because COTS software procurement agreements generally involve multiple, and often conflicting, sets of terms and conditions. Especially when buying software not included in the DoD ESI, check the EULA to ensure that provisions are not in conflict with federal procurement laws. But agreeing to the terms and conditions specified may cause potential compliance problems. Ensure self-audit clauses do not allow access to a government network or site without prior consent and by individuals who do not meet the security requirements of your organization. You should have a process in place that will alert you when subscriptions or maintenance and support agreements are about to expire.
If you are working with a reseller, get a letter from the publisher or original equipment manufacturer (OEM) indicating agreement to your terms and conditions. Such a provision would be invalid by law, but it could cause an unnecessary disagreement with the publisher.
You should be aware of the additional expense to licensing costs in a multicore processor implementations. Describe your customer base clearly: government, civilian, military, contractors supporting government.
An essential note here is that you understand the type of license you have and know how to count actual use in your organization. Put in place a process for IT asset management for the program, business unit or organization covered by the EULA.
The request must be signed by the Program Coordinator if applicable and approved by a Department Chairperson or a Director. It is described as software providing a framework to enhance student, faculty, and staff performance.
These programs access a common data store that resides on a server or network file storage device.



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