We maintain over 100 sites either fully or partially, and we run into this type of problem from time to time.
We had a recent problem where our Software AG software attempted to increase the cost based on SAG MSU's instead of IBM MSU's, even though the box had not changed (just the location was moved 2 miles away from the old data center) which we tangled with them over (and won). Some of the sites we help manage are University and County/State Government sites which seem to have been convinced several years back by vendors when the sites began to shrink in size to purchase "one-time-charge" and "perpetual" licenses, and it has come back to bite the vendors as the sites are still around. Some vendors will allow them to upgrade to the "current" version at any time, but we found that some are very strict about the version they can run. The worst ones were those that said as long as they don't change the version it was okay to keep running, knowing that the older version isn't supported on a newer z/OS release. Unless it specifically says that the version is restricted in the original (perpetual) license though, they can't force the issue. Agreements, when they are vague in the restriction language are held against the company (or person) who created the agreement, and in most cases that's the vendor. We have been through countless disagreeements with vendors to help the client get what they were promised and we have not lost yet. In a VERY few cases, we were even able to re-instate licenses that were completely dropped without going through another big initial charge. Compuware was particularly nice about that for several sites we manage. I don't think the vendor (or anyone) can change the language of a contract that has not expired in any way without the site's written approval. If it's perpetual then I don't see how any vendor company can fight that. They accepted the money and they have to stick with the terms. Sometimes I feel that some of the vendors were just trying to get extra money from sites that they felt were going to disappear, and unfortunately for them the sites are still kicking. Which vendor is giving you problems? I can check with the Client Services people here and see if we have been through this type of problem with them in the past and tell you what we did to handle it. Brian ---------------------------------------------------------------------- For IBM-MAIN subscribe / signoff / archive access instructions, send email to [email protected] with the message: INFO IBM-MAIN
