Legal / Software License Agreement / Software License Agreement – What’s Changed
Table of Contents
Software License Agreement – What’s Changed
1. Changes posted April 1, 2025
Summary of updates:
- Simplified the rights, obligations, limitations, and restrictions of Authorized Vendors to match that of the Client to give Clients more flexibility and freedom in their selection and use of their preferred service providers.
- Modified FMLP- and PP&E-related definitions to reference both GAAP and IFRS to account for localized accounting standards usage.
- For clarity, moved the Offline Components provision to the Cloud Services section since Offline Components are only potentially applicable in the context of Cloud Services (and not On-Premises Deployment or ASP Services).
- Added language to more transparently describe how additional Fees are calculated for exceeding License Usage Limitations.
- Added language to clarify how notification requirements for increases to annual Fees applies in the context of additional Fees incurred due to exceeding License Usage Limitations.
- Removed Publicity provisions.
- Added language regarding validity of electronic signatures and counterparts.
Changes posted July 1, 2024
Summary of updates:
- Updated the URL where PowerPlan’s Acceptable Use Policy, API TOU, DPA, Maintenance Policy, Managed Services Policy, Security Policy, and Service Level Policy are currently posted.
- Revised the Authorized Vendor and Personnel definitions to clarify that 1099 contractors are not intended to be construed as ‘Authorized Vendors’.
- Added ‘Version Updates’ provision to make clear that new versions of the Software License Agreement will become effective upon a customer’s next renewal.
- Removed provision giving PowerPlan the right to audit Authorized Vendor directly/separately; updated audit provision to obligate Client to demonstrate Authorized Vendors’ compliance.
- Specified different governing law and venue depending on where Client is domiciled.
- Added ‘Version Updates’ provision to make clear that new versions of the Professional Services Agreement will only apply to subsequently executed SOWs.
- Removed provision giving PowerPlan the right to audit Authorized Vendor directly/separately; updated audit provision to obligate Client to demonstrate Authorized Vendors’ compliance.
- Added government-specific terms for Government customers.