Re: JBA ML - ERP system lifespan -- SYSTEM21

This is the exact reason for the "lifespan of an erp system" question. What
is being presented as a "source code contract" ties you to geac for any and
all services relating to S21 (and includes a gag clause). We have a source
code clause in our orginal JBA contract, but we are basically demanding
proof that geac will honor the orginal agreement.

After 2 years of geac there has been no level of  [good] trust estabilished.
We had to practically beg to get a rep to talk to us 3 months after our
maintenance contract expired. Our whole maintenance issue comes down to a
couple of words in a what is basically an unsignable source code contract.
(and on a side note, we have never seen a actual Maintenance Agreement that
spells out the rights of both parties, I would not image that geac would
rely on the orginal JBA contract in this regard. Basically all we have
received was an invoice for the period after our contract expired, but no
new contract was or has been presented, and of course no payment was
forthcoming without some sort of signed documents.)

After being willing to renew our maint. contract, that is until the
continued attempts to get the source code agreement had failed, we are doing
a complete review of our system and procedures to see if maint. is really
useful for us. If need be, will can go status quo for the next full years
until it is time to replace S21. Unfortunately, this has become more about
the business to business relationship that about the merits (and future) of
the product.

Hudson McVay
Stanley Steemer

----- Original Message -----
From: <lbriggs@unipres.com>
To: <jbausers-l@midrange.com>
Sent: Tuesday, October 02, 2001 12:01 PM
Subject: RE: JBA ML - ERP system lifespan>

> Our frustration with Geac is that they refuse to provide us a contract for
> source code use that any one in their right mind would sign.  We need
badly to
> upgrade to later service packs.
>
>  Unfortunately when the product was purchased a couple of years ago, the
source
> code was not specifically included in the contract.  We did however
receive the
> Source code with the initial shipment and have made numerous modifications
to
> the product.  Our position is that this gave us the right to use and
receive
> updates forever, by our simply having the code freely given at the time of
our
> purchase.
>
> As many of you know a year or so ago GEAC made a very bad decision
regarding the
> distribution of their source code.  Their new policy attempts to extort
all
> existing customers into using only their services and to not ever allow a
> contract programmer to as much as see the code, much less modify it.
>
> In my many years in this industry, I have signed many contracts that
protected
> the software company from harm, by simply giving them recourse to
prosecute if
> we violated the agreement by releasing the code to some unauthorized
person or
> firm.
>
> For many years I was a consultant, and modified almost every package known
to
> man at some time or another.  How is it that everyone else in this
business has
> a reasonable contract except GEAC.
>
> Please if any or you can shed some light on this policy that would make
one lick
> of sense, or if you have been successful in negotiating an agreement with
GEAC
> that protected your companies own interests. or if you are someone in GEAC
that
> would like to respond, please do.