A large part of the cost is for licenses to cover users who “could” access Quest software, regardless of whether they did or not a concept familiar to anyone who has looked to license Microsoft desktop applications in a Citrix environment. The size of the bill centres, in part, on the definition of unauthorised users in Nike’s SLSA (Software License and Service Agreement) with Quest. The shoe giant goes on to say that they “ continued in good faith to attempt to resolve this dispute over the subsequent months and responded promptly to Quest’s additional requests for information” but Quest refused to withdraw their initial claim. Nike offered to pay the lower amount in September 2017, but Quest rejected the offer. Nike did not have to pay for free/trialware, or limit where it was used.It was based on all potential users, rather than actual users.Licenses for everyone with access to servers running Quest software, not just actual users.
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Nike have submitted a counter claim and it is full of very interesting details, many of which can apply to the wider ITAM community. We saw a few weeks ago that Quest Software have taken Nike to court over their refusal to settle up for license non-compliance discovered during an audit ( article here).
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