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  • Subject: RE: Source code
  • From: "Charles Greene" <greenec@xxxxxxxxxxxxxxxxx>
  • Date: Fri, 27 Oct 2000 08:04:17 -0500
  • Importance: Normal

Randy,



> What version did you purchase under, what version and service
> pack level are you
> on now?
we purchased Style v3.5.0. and upgraded to v3.5.2 prior to going live and
currently are running sp2 with ptf and some mods.
> In the contract did the language imply or state the right of
> source code for all
> future releases?
Allow me to quote the contract and you make this call
"14. Source code provision
The customer has the right to use certain source code for the software
products licensed under this agreement and shown on the attached software
products schedules with the following provisions: a) JBA retains all right
to deviate works and modifications performed by the customer using the
software products at their basis. b) the customer warrants to JBA that such
source code will be made available only to its programmers and technical
staff on a need to know basis. c) the source code will be kept in a secured
environment. d) JBA will not provided source code for any products which JBA
is licensed by others to resell nor for any JBA systems management or
development tools."
there are other provisions in the contract for new releases which do not
specifically say and source but our reading of this says if we get the
licensed product we get the source for it also.

>
> Having the "right" and obtaining may be different things.
Yes you are correct and you are right, as rush is fond of saying.  However
you cannot use what you do not have.  so Right to use implies you must have
access to, weather I have it or it is online some where I can accesses it
and use it from there is of little importance.
>
> Have you applied "Service Pack 3" or later PTF's over 3.5.2 and
> did they contain
> source code?
>
No, sp3 is in our future still.  Most likely will skip it in favor or sp4.
we have some post live roll outs that would be impacted if we tried to put
sp3 in at this time.
I have been assured by my project manager that we will get source with sp3
if we got it at this time.  I however know how the right and left hand thing
works.  If we got sp3 or any release and it did not have source it would be
refused and remain uninstalled until source is made available.
I know how this next statement will be taken but we have, did, and will
recompile each source we receive to verify the source we received matches
the object delivered.  Just the receipt of a file that says source is
meaningless to us, if the object is suppose to do function A and the
compiled source is doing something else it is of no use to us.  Our original
delivery had 5-8% depending on how you look at things, source code and
object mismatches.  Most were minor things but there were several that we
went around and around with JBA people until we received valid source code
for the object delivered.  Meaning in one case they pulled a source from
another release to get the correct source and in another the developer had
failed to publish the correct source to the object.  There were other
situations I am not sure I know them all, end result we got the correct
matching source for our objects.

Charles Greene
Miller Curtain Co. Inc.

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