Drafting, reviewing, and negotiating these important tools for teamwork
Enterprise licenses versus software subscriptions explained
byDell C. "D. C." Toedt IIIon2011-10-22
Andrew Martin
Scott & Scott attorney Andrew Martinexplains how from a financial-accounting perspective, a software subscription might be a better fit for a company than an enterprise license agreement, because a subscription might be an operational expense on the income statement instead of a depreciation expense that hits the balance sheet. Excerpt:
An EA spend is considered a capital expenditure and therefore hits the company’s balance sheet. As with any CAPEX, a company then must endure a fixed depreciation expense over the next few years, regardless of whether the company is fully utilizing its licenses. …
The Enterprise Subscription, on the other hand, is an operating expenditure reflected only on the company’s income statement. As an OPEX, business units often are freed from presenting their request to the CFO, so long as they have the budget for the purchase, and the accounting is simplified.
How Much Would Actual Subscriptions Have Cost? MSNBC reported last week that money-management firm Legg Mason was hit with a $20 million jury verdict for copyright infringement, for internally distributing a stock-market...
Twelve legal “gotchas” for software sales people Here’s a sanitized version of a handout I put together for a client’s sales-training presentation some time back. It summarizes 12 ways in which sales...