Your potential. Our passion.TM
`
`A guide to Software Asset Management
`
`001
`
`ServiceNow's Exhibit No. 1005
`
`

`
`1
`
`For more information visit www.bsaa.com.au
`*Testimonials have been provided from the Business Software Association of Australia (BSAA).
`
`Testimonials
`
`www.inlearning.com.au
`
`“Software asset management is just as important to a business as cash management.”*
`
`“I would urge every business to take time to review their software licenses,” said Mr Gordon.
`
`peace of mind,” he said.
`and simplified and we are seeing real benefits in improved productivity, financial savings and sheer
`know what software we have and require. Overall our business processes and systems have been updated
`also be able to reduce our upgrade fees by tens of thousands of dollars simply because we now accurately
`– extrapolated over the next 12 months, that is going to be a significant saving for our business. We will
`“In the first month following our audit and clean up, we benefited from a $650 saving in bandwidth fees
`
`business and an unexpected financial bonus for the business.
`According to Richard Gordon, director of In Learning, the audit process was a real wake-up call for the
`
`training courses, as well as instructor led training.
`including 950 computer training courses, 250 personal, management and organisational development
`In Learning provides an extensive range of self-paced, self directed or blended learning courseware
`
`www.stgeorge.com.au
`
`software usage, which assists us in negotiations with both the business units and vendors.”*
`to ensure we are fully licensed for all the software we use. This also provides us with details of the actual
`also has an inventory tool, which tells us what software is installed and how often it is used to allow us
`required to do each job function is delivered and that no software can be manually installed. St.George
`maintenance budgets. In addition, our standard operating environment ensures that only the software
`licensing consultant who looks after our software library, our licensing agreements and the associated
`According to Michael Page, Chief Manager of Open Systems Services, St.George “has a dedicated
`
`The St.George Group employs over 7,400 staff Australia wide and has four key business divisions.
`St.George, Australia’s fifth largest bank, takes its software licensing responsibilities seriously.
`
`Contents
`
`This will help you keep track of each step of the Software Asset Management process.
`back cover
`Software Asset Management Checklist
`
`Check off each item as it’s completed.
`
`18-29
`
`Find the answers to your questions on intellectual property, licensing and piracy.
`FAQ
`
`Follow the 4 step implementation plan to put a complete Software Asset Management
`12-17
`Software Asset Management?
`What are the steps to
`
`process in place.
`
`piracy you should look for? Is your organisation at risk?
`
`What is a software license? What licensing solutions are available? What are the types of
`4-11
`Software licensing basics
`
`Learn about the fundamentals of Software Asset Management, and how the process can
`2-3
`What is Software Asset Management?
`
`really benefit your organisation.
`
`1
`
`Testimonials
`
`Testimonials
`
`Contents
`
`002
`
`ServiceNow's Exhibit No. 1005
`
`

`
`3
`
`For more information on the benefits of SAM, visit www.microsoft.com.au/sam
`
`2
`
`What are the benefits of SAM?
`
`What is Software Asset Management (SAM)?
`
`your company’s core business goals.
`focusing time on the software issues raised above. Instead, they’ll be focusing on
`With properly managed software, you can be assured that employees will not be
`
`upgrades from the software publisher.
`When using licensed software, you are eligible for technical support and product
`
`Be efficient and productive
`
`and product upgrades
`technical support
`Be eligible for
`
`authorised, genuine software will help alleviate these concerns.
`individual computers and entire networks. Ensuring that your company is using only
`Unauthorised software can contain viruses that may potentially damage both
`
`Be secure and reliable
`
`management, employees, and shareholders alike.
`software and is paying for all the software in use. This will give peace of mind to
`Software management will help ensure that your organisation is using genuine
`
`Maintain integrity and honesty
`
`proceedings, for any copyright infringement that occurs within the organisation.
`Additionally, Directors can be individually liable, both in criminal and civil
`Abuse of software licenses can result in financial penalties and legal costs.
`
`new programs.
`have proven beneficial, while highlighting those areas that may need upgrades or
`Software management can help organisations identify what software investments
`
`Avoid costs and fines
`
`in technology
`Justify investments
`
`resolve these issues, improving workflow and efficiencies.
`different platforms and versions may exist. Managing software can help address and
`In organisations where acquisition of technology has gone unchecked, many
`
`data transfer problems
`Alleviate communication and
`
`competition.
`obsolescence, and ensure proper technology — enabling you to stay ahead of the
`Software management can help your organisation identify its software needs, avoid
`
`Manage technological change
`
`company wide.
`by many software publishers and determine how to deploy software more efficiently
`don’t need. It can also help you take advantage of volume license discounts offered
`Good software management can help you determine what software you do and
`
`Save money
`
`Specifically, it will allow you to:
`Implementing a step-by-step SAM process will provide numerous benefits for an organisation.
`
`risk that can put your company in jeopardy.
`organisation. Likewise, illegally copied software, acquired intentionally or not, is an unnecessary
`Software Asset Management can make a world of difference in the smooth operation of your
`
`utmost attention.
`However, proper software licensing is an aspect of your organisation that should receive the
`decisions and management responsibilities, it’s not uncommon to let important details slip.
`Managing an organisation can be both gratifying and overwhelming. With so many
`
`For more information on SAM, visit www.microsoft.com.au/sam
`
`like software, SAM is essential in today’s business world.
`
`in fulfilling legal and contractual obligations required by the software copyright owners. Just
`
`streamline processes, reduce costs, and enhance reliability and security. SAM also assists you
`
`Software is an asset and should be managed as an asset. By engaging in SAM you can
`
`• Assist in determining the best licensing solution for your organisation
`
`• Plan for future technology investments
`
`• Ascertain what’s needed in terms of licensing documentation
`
`• Determine where your software can be best utilised
`
`• Discover what software is installed and where it is installed
`
`• Recognise what software you own
`
`
`
`
`
`
`
`
`
`
`
`
`
`SAM can help you to:
`
`stages of its lifecycle.
`
`everything you need to manage, control and protect your organisations software through all
`
`Software Asset Management, or SAM, is a series of business processes that provide you with
`
`granted. That’s where the business process of Software Asset Management comes in.
`
`documentation and upkeep after the initial purchase. Essentially, software is often taken for
`
`running smoothly. It’s surprising that so little attention is given to its management,
`
`Software is a critical tool in today’s business world and it is essential to keep your organisation
`
`What are the benefits of SAM?
`
`What is Software Asset Management (SAM)?
`
`003
`
`ServiceNow's Exhibit No. 1005
`
`

`
`5
`
`4
`
`What licensing solutions are available?
`
`Software licensing basics
`
`www.microsoft.com/resources/sam/lic_whatis.mspx
`
`For more detailed information on Software licenses, visit
`
`PCs when you do not have a license for it.
`
`llowing or asking, for example, a consultant or employee to install software on your
`
` A
`
`•
`
`
`
`act of using an illegal copy of the software can make you liable.)
`
`infringement, it is not necessary that you know that your activity is illegal. The mere
`
`sing illegal copies of software, even unknowingly. (For you to be liable for copyright
`
` U
`
`•
`
`• Making or selling illegal copies of software.
`
`license.
`
`llowing employees or contractors to make copies of software without the required
`
` A
`
`Installing your software on more computers than the license allows.
`
`•
`
`•
`
`
`
`
`
`
`
`
`
`For more detailed information on licensing solutions, visit www.microsoft.com.au/licensing
`
`Infringement of copyright can include:
`
`www.microsoft.com.au/licensing/buyit/default.aspx
`
`Microsoft reseller to acquire your software. To find your nearest reseller, visit
`
`Once you have determined the best option for your organisation, contact an authorised
`
`terms of the license is an infringement of copyright typically referred to as software piracy.
`
`For each software program you use, you need a license. Using the software outside the
`
`copyright owner; however, the license accompanying the software provides the terms and
`
`conditions for use of that software program.
`
`Use the table on pages 6 and 7 to help determine the best options for your licensing and
`
`Software isn’t like most assets you acquire. A software license grants a person (or company)
`
`software needs.
`
`the legal right to use a software program. The software itself is the intellectual property of the
`
`conditions that accompany the licensing program will vary according to the type of license
`
`Microsoft offers many licensing programs designed to meet your every need. The terms and
`
`purchased.
`
`software licensing and the options available to you, and to ensure that your organisation’s
`
`What is a software license?
`
`current licensing is up to date.
`
`What licensing solutions are available?
`
`Before you begin implementing SAM in your organisation, it is important to understand
`
`What licensing solutions are available?
`
`Software licensing basics
`
`004
`
`ServiceNow's Exhibit No. 1005
`
`

`
`7
`
`6
`
`What licensing solutions are available?
`
` For more information on Microsoft Licensing Programs visit www.microsoft.com/australia/licensing or call 13 20 58.
`
`
`
` Authenticity label adhered to the side of the PC.
` Microsoft products with their PCs. Under these programs, the Original Equipment Manufacturer should provide a Certificate of
`** Some national/multinational branded Original Equipment Manufacturers offer multiple programs for shipping genuine
`
`issued prior to November 1998.
`Microsoft products were distributed without a paper EULA. EULA customers need to retain their hard copy license agreements
`* End User License Agreements (EULAs) historically always accompany products in paper format. Beginning in 1998, a number of
`
`license compliance?
`I maintain to assess
`What records should
`
`the Agreement.
`is issued upon expiration of
`The License Confirmation
`
`for details.
`refer to your Select Agreement
`purchase, record of transfers or
`Order confirmation, proof of
`
`your invoice.
`Agreement* and a copy of
`original End User License
`You should retain the
`
`eOpen.microsoft.com
`license Web site at
`can be found on your secure
`Your electronic license copy
`
`and a copy of your invoice.
`End User License Agreement*
`You should retain the original
`
`all invoices.**
`recommended to retain
`media and manual. Also
`Certificate of Authenticity,
`in hard copy or online), the
`Agreement (may be provided
`including the End User License
`Retain all documentation
`
`license agreement?
`for the terms of my
`Where should I look
`
`attachment.
`and Product Use Rights
`Enterprise Enrolment
`Enterprise Agreement,
`Master Business Agreement,
`
`Rights attachment.
`Enrolment and Product Use
`Select Agreement, Select
`Microsoft Business Agreement,
`
`Volume Licensing Service.
`Agreement, Microsoft
`Open License Value
`
`eOpen.microsoft.com
`License Web site at
`Available on the eOpen
`Open License Agreement.
`
`End User License Agreement*.
`
`End User License Agreement*.
`
`Microsoft product?
`genuine licensed
`How can I tell if it’s
`
`licensing.microsoft.com
`details online at
`Confirmation and agreement
`can view their License
`with later version agreements
`the agreement. Customers
`Microsoft upon executing
`Select Master CD-ROM from
`You will receive an original
`
`information.
`online records and other license
`status, agreement numbers,
`It displays customer’s license
`management tool for customers.
`site that serves as a license
`is a password protected Web
`Licensing Services (MVLS) site
`The Microsoft Volume
`
`information.
`records and other license
`agreement numbers, online
`customer’s license status,
`for customers. It displays
`license management tool
`Web site that serves as a
`site is a password protected
`Licensing Services (MVLS)
`The Microsoft Volume
`
`have licenses.
`products for which you
`check the number and
`eOpen.microsoft.com to
`Web site at
`Log onto the eOpen License
`
`microsoft.com.au/howtotell
`the retail box. Visit
`Authenticity that is found on
`media and a Certificate of
`hard copy or online), a manual,
`License Agreement (either
`should come with an End User
`All genuine Microsoft software
`
`microsoft.com.au/howtotell
`packaging). Visit
`(attached to the new PC or its
`that accompany a new PC
`found in the product materials
`a Certificate of Authenticity
`software should come with
`All genuine Microsoft
`
`these licenses?
`Where can I purchase
`
`Account Resellers.
`Authorised Large
`
`Account Resellers.
`Authorised Large
`
` Any reseller.
`
`Any reseller.
`
`Any reseller.
`
`Only available with a new PC.
`
`compliance?
`maintain to assess license
`What records should I
`
`agreement?
`the terms of my license
`Where should I look for
`
`Microsoft product?
`genuine licensed
`How can I tell if it’s
`
`these licenses?
`Where can I purchase
`
`benefits
`License program
`
`Most likely customers
`
`the agreement.
`to administer over the term of
`installed base. Easiest license
`on volume commitment and
`Per-desktop pricing based
`
`across the enterprise.
`on a Microsoft platform
`PCs who want to standardise
`Customers with 250 or more
`
`based upon forecasted volume.
`Tiered pricing with discounts
`
`upfront costs.
`agreement term reducing
`three years with new
`payments annually, over
`Provides ability to spread
`
`minimum reorder quantity.
`for a full two years with no
`licenses. Continued discount
`purchasing as few as five
`Instant discount when
`
`numerous resellers.
`Packaged Product from
`Easy availability of Full
`
`the OEM on the new PC.
`Preinstalled and supported by
`
`License program benefits
`
`product requirements.
`PCs with mixed Microsoft
`Customers with 250 or more
`
`requirements.
`with mixed Microsoft product
`Customers with2 to 250 PCs
`
`Business and Open Volume.
`PCs incorporating Open
`Customers with two to 500
`
`five PCs).
`(organisations with fewer than
`retail in very small volumes
`Customers who acquire at
`
`new PC.
`Customers who are buying a
`
`Most likely customers
`
`Agreement
`Microsoft Enterprise
`
`License Agreement
`Microsoft Select
`
`Value (OLV)
`Microsoft Open License
`
`Program
`Microsoft Open License
`
`License
`Retail Full Packaged Product
`
`Microsoft OEM License
`
`005
`
`ServiceNow's Exhibit No. 1005
`
`

`
`9
`
`8
`
`For Resale,” or “Not For Retail or OEM Distribution.”
`
`qualify for these licenses. Look for packaging marked as “Academic Price,” “Not
`
`government institutions — and then redistributed to others who don’t hold or
`
`licenses — to high volume customers, computer manufacturers, or academic or
`
`ischannelling occurs when software is distributed under special discount
`
` M
`
` Facts:
`
`Resale” on the packaging, but you assume that didn’t apply to your sale.
`
`you should look for?
`What are the types of piracy
`
`proof of ownership and do not have fully licensed software.
`
`the original genuine media and documentation, therefore, they are left with no
`
`PCs are sold with preinstalled software, however, the customer does not receive
`
`ard disk loading is a common practice by dishonest resellers. This occurs when
`
` H
`
` Facts:
`
`a great deal and the PC came complete with software programs preinstalled.
`
` Scenario: You’ve just bought a new PC from an individual who seemed reputable. You got
`
`Is your preinstalled software legitimate?
`
`relevant software.
`
`copies or installations made exceed the number of licenses held for the
`
`to use in the office or to distribute outside the workplace and the number of
`
`when copies of Microsoft software are made in an organisation for employees
`
` Scenario: You’ve recently purchased a software license from your reseller. It reads “Not For
`
`nd User or corporate copying is the most common form of piracy. This occurs
`
` E
`
` Facts:
`
`Are you working with an authorised reseller?
`
`software burned on to CDRs with inferior or handwritten labels.
`
`anti counterfeiting security features. It can also be unsophisticated, consisting of
`
`sophisticated, including significant efforts to replicate packaging, logos and
`
`and redistributed as supposedly legal software. Counterfeiting can be very
`
`and its packaging are illegally duplicated, often by organised crime rings,
`
`ounterfeiting — software piracy on a grand scale — occurs when software
`
` C
`
` Facts:
`
` Scenario: An acquaintance sells discounted software. His offer seems fair and you need
`
`the programs, so you make the deal.
`
`Are you acquiring illegal software programs?
`
`software installations, and controlling access to software media.
`
`your company has had a difficult time accurately reporting the number of
`
` Scenario: Computers, software programs and employees come and go. Consequently,
`
`Are you under-reporting your software installations?
`
`piracy that you and your organisation should be aware of.
`
`may be the most common form of piracy, it’s not the only one. There are other types of
`
`It’s a common assumption that piracy pertains only to casual copying of software. While this
`
`you should look for?
`What are the types of piracy
`
`006
`
`ServiceNow's Exhibit No. 1005
`
`

`
`11
`
`10
`
`Are you at risk?
`
`The next chapter of this guide will outline the steps you need to take to implement SAM
`
`answers then you need to evaluate your organisation’s software situation in greater detail.
`
`If you answered “no” to any of these questions or if you are unsure about any of your
`
`in your organisation.
`
`oes your organisation have a written policy for copying software and/
`
` D
`
` No
`
` Yes
`
` 5.
`
`or purchasing software licenses?
`
`id you acquire all the software installed on your PCs, laptops and
`
` D
`
` No
`
` Yes
`
` 4.
`
`servers from reputable sources?
`
`re you confident that no employees have made unauthorised copies
`
` A
`
` No
`
` Yes
`
` 3.
`
`of your software?
`
`o you have a software license for all software programs installed on
`
` D
`
` No
`
` Yes
`
` 2.
`
`you PCs, laptops, and servers?
`
`o you know how many PCs, laptops and servers your organisation
`
` D
`
` No
`
` Yes
`
` 1.
`
`currently has in use?
`
`Answer the following questions to help assess your risk.
`
`www.microsoft.com.au/piracy/basics/whatis.aspx
`
`For more information on what you should be looking for, visit
`
`organisation, take the Are You at Risk? quiz on the next page to help determine your current
`
`If you are familiar with any of these scenarios, and are concerned about piracy in your
`
`licensing situation.
`
`goods which you are not satisfied with.
`
`be true or sellers who won’t provide physical addresses or a return policy for
`
`or distributing pirated software. Be suspicious of prices that seem too good to
`
`unauthorised software. It’s often the medium for advertising, offering, acquiring
`
`agreement. The Internet is a high-traffic area for illegally copying or distributing
`
`and more than 90 percent is sold in violation of the publisher’s license
`
`than 60 percent of software sold through Internet auction sites is counterfeit,
`
`nternet piracy is on the increase and recent investigation indicates that more
`
` I
`
` Facts:
`
`software in the mail but it isn’t what you expected.
`
`although you’re not sure whether the seller is reputable. You receive your
`
`legitimate and the prices are unbelievably cheap. You make a purchase
`
`Curious as to whether your company is at risk for using unlicensed or pirated software?
`
` Scenario: The Internet is full of amazing deals on software programs. Many seem
`
`Are you at risk?
`
`Should you acquire software over the Internet?
`
`007
`
`ServiceNow's Exhibit No. 1005
`
`

`
`13
`
`12
`
`What are the steps to SAM?
`
`inventory, visit www.microsoft.com/resources/sam/sbs_1.mspx
`
`For downloadable templates and further information on Step 1: Perform a software
`
`tool, we recommend you extend your search beyond what is listed on this Web site.]
`[N.B. This is not a Microsoft endorsement of any particular tool. If you are in the process of selecting a
`
`www.microsoft.com/resources/sam/tools.mspx
`
`your software inventory. Find a SAM tool by visiting
`
`ther Inventory Tools: Other tools are available on the market to help you perform
`
` O
`
`•
`
`
`
`sent to Microsoft.]
`[Please note that the results of the scan performed by MSIA are completely confidential and are not
`
`www.microsoft.com/resources/sam/msia
`
`computer, or throughout a network. Download MSIA at
`
`(MSIA) will generate an inventory of core Microsoft programs installed on your local
`
`ree Microsoft Inventory Tool: The free Microsoft Software Inventory Analyser
`
` F
`
`•
`
`
`
`of computers and the associated software.
`
`while the Software Asset Management Tools are designed to help you manage your network
`
`Software Inventory Tools primarily take an inventory of the software installed on your PCs,
`
`There are many Software Inventory and Asset Management Tools available on the market.
`
`Software Inventory and Asset Management Tools
`
`or Remove Programs screen. This will tell you exactly what programs are running on that
`
`You can perform a manual inventory simply by going to each PC and viewing the Add
`
`particular PC.
`
`Manual Inventory
`
`number of automated discovery tools that can scan your entire network easily and efficiently.
`
`organisation. For smaller businesses the inventory can be done manually or there are a
`
`establishing this inventory is critical to effective software management and general office
`
`Depending on your company, this initial step may or may not be an easy one. In either case,
`
`establish the number of desktop PCs, laptops and servers your organisation has in use and
`
`Performing a software inventory is the first step in any SAM plan. Performing an inventory will
`
`the type of software installed on each computer.
`
`Step 1: Perform a software inventory
`
`extremely challenging! That’s why we have developed a step-by-step process to make SAM
`
`We understand that maintaining control of and managing your software licenses can be
`
`easier for you.
`
`What are the steps to SAM?
`
`008
`
`ServiceNow's Exhibit No. 1005
`
`

`
`15
`
`14
`
`software, visit www.microsoft.com/resources/sam/sbs_2.mspx
`
`For downloadable templates and further information on Step 2: Match licenses with
`
`If your company is under-licensed, now is the time to acquire additional licenses through
`
`an authorised Microsoft software reseller.
`
`installed on additional PCs until the number of licenses equals the number of installs.
`
`If your company is over-licensed, software assets are going to waste. The software may be
`
`Review how you use the software programs installed. Do you actually use all of the software
`
`programs for which you own a software license?
`
`+3
`
`-2
`
`0
`
`-2
`
`40
`
`10
`
`12
`
`12
`
`37
`
`12
`
`12
`
`14
`
`2003
`
`XP®
`
`2000
`
`XP
`
`Microsoft® Windows®
`
`Microsoft® Windows
`
`Microsoft® Office
`
`Microsoft® Office
`
`of Deficiency
`License Excess
`
`Total Licenses
`
`Owned
`
`Total Installations
`
`Version
`
`Software Program
`
`Software Installed
`
`program and version in a database or spreadsheet similar to the following example:
`
`ecord your findings by tallying the total number of licenses held for each software
`
` R
`
`•
`
`
`
`licensed or what software may have been installed on your computers without your
`
`t should be easy to see where your company is over-licensed and/or under-
`
` I
`
`•
`
`
`
`knowledge or permission.
`
`you prepared in SAM Step 1. You could even use the same summary report used in
`
`information in a report. Then compare this report with the software inventory report
`
`nce you have collected all of your company’s license documentation, record the
`
` O
`
`•
`
`
`
`Step 1 for this comparison.
`
`www.microsoft.com/resources/sam/sbs_2.mspx
`
`currently holds. For tips on locating licensing documentation, visit:
`
`ocate the licensing documentation for each software program your organisation
`
` L
`
`•
`
`
`
`the most challenging. The following information will help you with this step.
`
`The second SAM step of matching your software licenses with software installed is perhaps
`
`Step 2: Match software licenses acquired with software installed
`
`009
`
`ServiceNow's Exhibit No. 1005
`
`

`
`17
`
`16
`
`For downloadable templates and further information on Step 4: Develop a SAM Plan, visit
`
`www.microsoft.com/resources/sam/sbs_4.mspx
`
`software inventory.
`
`inventory report and the spot check is significant, it may be wise to perform a full
`
`a threshold or error for these spot checks. If the difference between the software
`
`random sample of specific PCs or for a few specific software programs. Determine
`
`periodic spot checks on the software inventory. Spot checks can be performed on a
`
`procedures, visit www.microsoft.com/resources/sam/sbs_3.mspx
`
`For downloadable templates and further information on Step 3: Review your policies and
`
`on protecting and restoring your systems and software.
`
`should discuss how software assets will be recovered. This should include information
`
`Recovery Plan (DRP) that describes what to do if tragedy strikes. A section of the DRP
`
`prepare for future catastrophes. All organisations should have a thorough Disaster
`
`isaster Recovery Plan: It’s impossible to predict the future, but it is possible to
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`nventory spot checks: In between full inventories, it’s a good idea to perform
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`the number of support calls, and keep the software inventory up to date.
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`schedule that will work best for the needs of your organisation.
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`organisation, software acquisition habits, and hiring rate. Schedule inventories on a
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`software inventories. Determine the proper schedule depending on the size of your
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`will help keep your organisation’s computer system secure, free from viruses, reduce
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`for downloading, installing and using software programs. A good Software Use Policy
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`oftware Use Policy: Your Software Use Policy should cover the organisation’s rules
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`chedule inventories: An essential part of an ongoing SAM plan is regular
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`want to keep your software and license inventory up to date.
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`save money by reducing the support time needed to keep on top of many different
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`laptops or servers and software throughout the organisation. By doing this, you will
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`for your SAM plan. Standardise software programs and retire obsolete desktop PCs,
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`software programs.
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`IT department for proper check-in? Having a software check-in list is critical if you
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`software? Is the software sent to the department that requested it, or is it sent to the
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`ew Software Check-In List: What happens when your organisation receives new
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`when needing a new software program.
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`reate a baseline: Before you go ahead, it’s important to create a solid baseline
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`oftware Acquisition Policy: This should describe the steps employees should follow
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`procedures. Now you can create an ongoing SAM plan.
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`Review or develop the following documents:
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`inventory of the software, located all the license documentation, and written policies and
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`organisation, it’s the perfect time to review your organisation’s policies and procedures.
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`You have worked hard to assess your organisation's current SAM practices, conducted an
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`Now that you have a good assessment of the software and licenses in use at your
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`Step 4: Develop a Software Asset Management Plan
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`Step 3: Review your policies and procedures
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`010
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`ServiceNow's Exhibit No. 1005
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`19
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`18
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`General licensing questions
`FAQ
`
`stand-alone basis. Counterfeiters, however, have been known to distribute EULAs in this form
`
`Please note that Microsoft does not authorise the bulk distribution of single EULAs on a
`
`EULAs may be included with Microsoft software products in online or hard copy form.
`
`Intellectual property
`FAQ
`
`intellectual capital.
`
`theft worldwide. Intellectual property protection provides the legal framework to safeguard
`
`together to protect intellectual property rights against the growing problems of technology
`
`information economy rests upon the ability of the public and private sectors to work
`
`6. How are Microsoft’s End User License Agreements (EULAs) delivered?
`
`so is intellectual property theft and information piracy. The long-term health of the global
`
`usually on the inside front cover or the first page of the manual; or 3) located online within
`
`a separate piece of paper that accompanies the software; 2) printed in the User’s Manual,
`
`software. The three most common locations for the license agreement are: 1) printed on
`
`The EULA may be found in one of several different locations, depending on your Microsoft
`
`the software product.
`
`5. Where do I find my End User License Agreement (EULA)?
`
`US$175 billion in worldwide revenue annually. But while the information economy is soaring,
`
`perspective, the computer software industry employs 1.35 million people and produces
`
`and are, therefore, the fundamental building block of the new economy. From a global
`
`Computer programs in some form or another underlie every action taken in cyberspace
`
`These industries stand or fall on the strength of intellectual property protection provided by
`
`industries are based almost entirely on the development and sale of their intellectual capital.
`
`legal systems.
`
`agreement is between the PC manufacturer and the end customer.
`
`Industries such as computer software, film, music performing and recording and publishing
`
`and the end customer; for OEM (Original Equipment Manufacturer) software, the license
`
`acquired. For retail (Full Packaged) software, the license agreement is between Microsoft
`
`The EULA outlines the terms and conditions of use for the software program you have
`
`4. What is an End User License Agreement (EULA)?
`
`Basics section of this booklet on pages 6 and 7.
`
`licenses that accompany these programs will vary. Refer to the table in the Software Licensing
`
`Microsoft offers many licensing programs designed to meet your every need. The software
`
`its “intellectual capital” or the knowledge, information and experience that can be used to
`
`In the new economy, the most important determinant of the profitability of a business is
`
`create wealth.
`
`2. Importance of intellectual property protection
`
`information) and trademarks.
`
`common forms of intellectual property are copyright, patent, trade secrets (confidential
`
`industrial designs, trademarks, trade secrets (confidential information). The four most
`
`program. For each software program you use, you need a license granted to it and proper
`
`to creative and intellectual effort. Intellectual property protection covers literary, artistic
`
`A software license grants a person (or company) the legal right to use a software
`
`Intellectual property is a group of legislative and common law rights affording protection
`
`documentation evidencing that license.
`
`and musical works (including computer programs); and inventions, scientific discoveries,
`
`3. What is a software license?
`
`1. What is intellectual property?
`
`General licensing questions
`FAQ
`
`Intellectual property
`FAQ
`
`011
`
`ServiceNow's Exhibit No. 1005
`
`

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`21
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`20
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`may differ; therefore, it is best to check your EULA and review the terms and conditions of
`
`The terms and conditions between different versions of the Microsoft Office software product
`
`use of your particular product.
`
`11. Can I make a second copy of my Microsoft Office software for my
`
`portable computer?
`
`Microsoft strongly recommends that you keep the following in order to establish that you
`
`have genuine and fully licensed software:
`
`9. How do I establish that I have a legal license?
`
`channels to give customers greater access and choice.
`
`a copy of the software. We provide volume licensing opportunities through a variety of
`
`ownership (TCO). For each license acquired, the customer is granted permission to use
`
`acquisition through volume licensing can be an effective way to reduce their total cost of
`
`and professional reputation. Have legal confidence that your busi