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What my management did was to discuss it with lawyers, and fight to lower
the price that Infor wanted us to pay. This was after they had thrown away
the correct documentation under a management theory that I disagreed with,
but that was not my decision.



What I had advised my superiors and co-workers before this happened was to
NEVER volunteer any info to Infor, because anything they know, they can use
to ding us for more money. I also suggested we use a PO Box for our
official address, so we could change street address at will, and it not
affect our Infor relationship.



The problem is that people refuse to believe Infor, or SSA before them,
could do anything like this, until it is too late to avoid being subjected
to the transfer fees.



When you get back in compliance again, check the contract very carefully
that they have not slipped in removal of some rights you used to have, such
as Ok to modify, use some modules, ceiling on # users. For example, instead
of using the names for 405 CD modules, they may use names of a much later
version, then later come back at you for using 405 CD modules not in the
later contract naming.



Another variation on the transfer clause is:

* You have a factory in compliance on BPCS.

* Your company opens a second factory, and it becomes a second
facility of BPCS, or you use a second environment. If people AT that
factory are using BPCS, or if the data in BPCS is FOR that factory, then
technically you are both using BPCS with the original contract and at same
time they could ding you again irrespective of # users, applications etc.
licensed, power of system needed.

* Telecommuting . do some people access the system from home, while
traveling to visit customers, or get tech support that way? Maybe that
could be interpreted as using the software some place else, and thus subject
to another fee for permission to do so.

* Some of the data in BPCS is supplied to vendors (PO) and customers
(invoices), auditors, and the government. Could that be construed as using
the software FOR those other companies, in which a change in your mixture of
vendors and customers means they can say breach of license?

* This is why you need help from a lawyer. What aspects of doing
business normally can they intrude on with their software license, and what
is ridiculous?



-

Al Mac

-----Original Message-----
From: bpcs-l-bounces+macwheel99=wowway.com@xxxxxxxxxxxx
[mailto:bpcs-l-bounces+macwheel99=wowway.com@xxxxxxxxxxxx] On Behalf Of Don
Cavaiani
Sent: Friday, April 23, 2010 11:57 AM
To: BPCS ERP System
Cc: Ross Udy
Subject: Re: [BPCS-L] Has anyone gone through this with Infor?



Am I dreaming that they are actually doing this ????



------------------------------------------------------------------------

-------



The reason for the clause is to protect the intellectual property of

Infor and to keep it from being moved to locations which are not

licensed for the software.



The requirement to resolve this is not for Amerequip to move the

software back to the licensed location as the software is already out of

compliance and that will not resolve the compliancy.



What is required is for Amerequip to either furnish documentation that

granted them the rights to move the software to the new facility or, if

none can be provided, for Amerequip to pay a transfer fee to license the

software to the new site and resolve the compliancy issue with the

software being installed at an un-licensed site.



Please let me know if Amerequip can furnish this documentation so we can

determine our next step in resolving this issue.



-----Original Message-----

From: bpcs-l-bounces+dcavaiani=amerequip.com@xxxxxxxxxxxx

[mailto:bpcs-l-bounces+dcavaiani=amerequip.com@xxxxxxxxxxxx] On Behalf

Of Michael Ryan

Sent: Thursday, April 22, 2010 8:18 PM

To: 'BPCS ERP System'

Subject: Re: [BPCS-L] Has anyone gone through this with Infor?



The wording can be taken two ways depending on how your looking at it.

At could mean where the computer and software resides or At could means

where the functionality of the software is in user by the users.





Infor is loosing their shirts and are trying to squeeze the customers.

It may be time to evaluate options



-----Original Message-----

From: bpcs-l-bounces+mryan=core.com@xxxxxxxxxxxx

[mailto:bpcs-l-bounces+mryan=core.com@xxxxxxxxxxxx] On Behalf Of lwl

Sent: Thursday, April 22, 2010 6:59 PM

To: 'BPCS ERP System'

Subject: Re: [BPCS-L] Has anyone gone through this with Infor?



Never been through this with Infor but have done the dance with another

vendor.

The issue is always the wording "...at the location specified in

Schedule

A."

Specifically it's the word "at".



The way the agreement is worded the software can be used for _ALL_

company

locations.



When I pointed out to the sales VP that if I moved the server back to

the

original location I could use the software at any and all of my

employer's

locations they quickly accepted an addendum to the contract specify

"..._for_ the location specified in Scheduled A."





Roy Luce



Direct: 847-540-9635

800-913-PLUS (7587)

Cell: 847-910-0884

Email: rluce@xxxxxxxxxxxxxxxxxxx



-----Original Message-----

From: bpcs-l-bounces+lwl=ix.netcom.com@xxxxxxxxxxxx

[mailto:bpcs-l-bounces+lwl=ix.netcom.com@xxxxxxxxxxxx] On Behalf Of Don

Cavaiani

Sent: Thursday, April 22, 2010 5:21 PM

To: bpcs-l@xxxxxxxxxxxx

Subject: [BPCS-L] Has anyone gone through this with Infor?



We moved our Iseries to a different plant of ours - 3 miles away. Same

company, same Iseries, same BPCS version. Nothing else was changed???



Below is a response after we have complied with an Infor audit in

January.





------------------------------------------------------------------------

----

------------------------------------------------------------------------

----

------------------------------------------------------

The contract restricts the use of BPCS to the location 1711 Wisconsin

Avenue

/ New Holstein WI 53061 through the following language in the attached

contract:

2. LICENSE. In consideration for the license fee specified in Schedule

A,

SSA grants to CLIENT a perpetual, personal, nontransferable and

non-exclusive right to use the SOFTWARE, only on the computer specified

in

Schedule A or an identical computer that is a direct and single

replacement

for it, and only at the location specified in Schedule A. The SOFTWARE

may

be used only for the benefit of CLIENT and its subsidiaries.

I need to determine if Amerequip might have any documentation that would

have granted them the rights to move the software to the new location.

If

so, we can use that to resolve this issue. If not, we will have to

discuss

what the required resolution is to get the license back into compliance.







Don F. Cavaiani

IT Manager

Amerequip Corp.

920-894-7063



"It's amazing what you can accomplish if you don't care who gets the

credit." Harry S. Truman








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