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Can I novate a license?

Solved1.10K views6th September 2021legal license novate
3
Ben Cook 28th July 2021 0 Comments

I will be purchasing a DMA license for a dataminer deployment that will be physically hosted on my companies sites on my companies hardware. It will be monitoring our customers end devices.

We have a fixed length contract with our customer, at the end of that contract can the DMA license be transferred to the customer?

Ben Cook Selected answer as best 6th September 2021

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Ben Vandenberghe [SLC] [DevOps Enabler]9.21K Posted 28th July 2021 0 Comments

Hi Ben,

Yes, that is possible, but it is recommended to always discuss this in detail with a Skyline representative to avoid any misunderstandings, for each individual case.

Some points of attention:

  • This is about a transfer of ownership, i.e. the software Right to Use License (or SaaS arrangement). Not about a transfer of for example commercial terms and conditions or any other agreements.
  • This needs to be done in a formal agreement, so that all involved parties are on the same page about the ownership, and the necessary practical arrangements can be made (e.g. ensure that the new owner receives technical support and is recognized as a formal user in the underlying administrative systems).
  • Note that for some licenses one has to be cautious, in particular DataMiner Driver licenses.  Those are charged as a one-time fee, and the DataMiner Driver can be potentially used by a single user on multiple DataMiner Systems that he may own.  If one of those DataMiner System is then handed over to another party, clearly the DataMiner Driver license can only continue to exist in one system (either it goes to the new party, or it stays with the original party – but any case, a single DataMiner Driver license cannot result in two separate organizations using that driver).

Hope this helps.

Ben Cook Selected answer as best 6th September 2021
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