Business Software Alliance

TERMS & CONDITIONS

Section A - Definitions

About Business Software Alliance (BSA)
The Business Software Alliance (www.bsa.org) is the foremost organization dedicated to promoting a safe and legal digital world. BSA is the voice of the world's commercial software industry and its hardware partners before governments and in the international marketplace. Its members represent one of the fastest growing industries in the world. BSA programs foster technology innovation through education and policy initiatives that promote copyright protection, cyber security, trade and e-commerce. Adobe, Apple, Autodesk, Bentley Systems, CNC Software/Mastercam, Corel, CyberLink, Dassault Systèmes SolidWorks Corporation, Embarcadero, McAfee, Microsoft, Minitab, NedGraphics, PTC, Quark, Quest Software, Rosetta Stone, Siemens, Sybase, Symantec and The MathWorks. BSA regional members in Asia include Agilent Technologies, Altium, Frontline PCB Solutions - An Orbotech Valor Company, Mindjet, SPSS, Tekla and Trend Micro. BSA local affiliates include Esteem Innovation and UBS Corporation.

Software Asset Management (SAM)
“SAM is all of the infrastructure and processes necessary for the effective management, control and protection of the software assets within an organization, throughout all stages of their lifecycle” – As defined in ITIL

Objective of the Software Audit Program
The program encourages organizations to conduct a software audit either themselves or through external auditors to ensure that all usage of BSA member companies* software is legal and licensed in these organizations.

Organization
Size of the organization
The program applies to ALL companies, big and small. No company is too big or too small to streamline its software licensing and software asset management practice. The campaign is unique, limited period, software licensing best practice program that encourages ALL organizations to conduct a software audit and ensure that all usage of software is documented.

Immunity
Immunity here is defined as protection from BSA initiated complaints lodged with the enforcement authorities. Qualifying participants of the Software Audit Program will be offered a one year immunity against BSA initiated enforcement actions.

Section B- Elements of Software Audit Program

Eligibility
Any organization operating in Malaysia can participate in the campaign.

You may download the form from www.bsa.org/malaysia or call the BSA Audit Enquiry Hotline at 03-7958 3290.

Term of the Program
The program will be officially launched on March 10, 2009. The last date of submitting the results of the software audit and a self declaration form is April 15, 2009.

Registration Fee
There is no registration fee for participating in the program.

Benefits of a Software Audit
The full benefits include:

Cost savings – The organization will know about its licensing status i.e. what licenses it has and what it doesn’t need to acquire. It may then be able to purchase a volume license.
Improved Business Performance – The organization will be able to make informed strategic, tactical and operational decisions
Optimized Deployment – The organization can identify the company’s software needs, reducing time and hassle for the IT department
Reduced Support Costs – Backup and recovery systems are easier to maintain when one knows what software goes where
Increased Staff Productivity – By standardizing software versions, the users can work together seamlessly
Immunity- By submitting a self audit report or a third party software audit report (based on the number of PCs as specified in the terms and conditions below) organizations can get immunity from BSA initiated enforcement for a year.

Section C- The Processes

Process

Terms and conditions of the software audit program
In order to qualify for the immunity, your company has to do the following-

For organizations with 30 computers or less:

Step 1:		Perform a software audit of all computers: ensure this covers all premises and branches
Step 2:		Match installed software with licenses owned and legalize any pirated and/or unlicensed software found: check with the relevant BSA member companies on the correct licensing models and proof of license ownership documentation.
Step 3:		Complete the Self Declaration Form along with the Software License Schedule to BSA, and have the Self Declaration Form signed by an Authorized Signatory. The Authorized Signatory should be the business owner or senior management ONLY. Senior management is defined as the President, CEO, CTO, CFO, Managing Director, Executive Director or Partner of the company or business.

For organizations with more than 30 computers:

Step 1:		Contact one of the BSA recommended software audit partners and fix a date for a third party software audit.
Step 2:		Complete the 3rd party software audit for all premises and branches of your organization.
Step 3:		Complete the Self Declaration Form along with the Software License Schedule to BSA, and have the Self Declaration Form signed by an Authorized Signatory. The Authorized Signatory should be the business owner or senior management ONLY. Senior management is defined as the President, CEO, CTO, CFO, Managing Director, Executive Director or Partner of the company or business.
Step 4:		Complete a separate Software License Schedule for EACH PREMISE OR BRANCH.
Step 5:		Make copies of the Self Declaration Form and Software License Schedule for your personal reference and safe keeping at every premise or branch
Step 6:		Send one (1) copy of the Self Declaration Form and Software License Schedules, in a sealed envelope, to the Business Software Alliance at BSA Software Audit Programme P.O. Box 8336, Kelana Jaya 46787 Petaling Jaya Selangor

Important Notes

1. Should you add, change, remove BSA member* companies’ software from any of the premises / branches mentioned AFTER THE SUBMISSION of the Declaration, kindly note your company is still required by, the Malaysian Copyright Act, 1987 to use legal software and have proper proof of license ownership documentation for each software tool.

2. The software under the purview of this program relate to all BSA member companies’ software. These companies include Adobe, Apple, Autodesk, Bentley Systems, CNC Software/Mastercam, Corel, CyberLink, Dassault Systèmes SolidWorks Corporation, Embarcadero, McAfee, Microsoft, Minitab, NedGraphics, Quark, Quest Software, Rosetta Stone, Siemens, Sybase, Symantec and The MathWorks. BSA regional members in Asia include Agilent Technologies, Altium, Frontline PCB Solutions - An Orbotech Valor Company, Mindjet, PTC, SPSS, Tekla and Trend Micro. BSA local affiliates include Esteem Innovation and UBS Corporation.

3. The Declaration shall be rejected - if the submission is incomplete, or not signed by the business owner/senior management.

4. BSA reserves the right to cancel the immunity granted should there be inaccuracies in the Self Declaration Form and/or Software License Schedule.

5. It is recommended that you perform this audit and implement a proper software asset management practice as part of your company’s longer term software asset management process. This should include

	a	Setting policies and procedures to ensure compliance all year round: get senior management endorsement and employee sign off, appoint one “software asset manager” i.e. IT Manager, Finance Manager, Office Manager to centralize purchase, distribution, tracking and storing of software
	b	Creating and periodically updating a software asset database: to know your company’s on-going software needs
	c	Ongoing tracking and management: repeat this whole exercise from time to time ideally every 6 months

Audit Partners
During the 3rd party audit the company will provide all reasonable assistance to the auditors to enable a seamless audit. Company agrees to comply with reasonable informational requests made by the Audit Partners, by providing accurate responses to questions from the Partners and furnishing appropriate documents.
The assessment process may require loading audit tools on company’s system and servers. The same will have to be agreed upon between the organization and the partner. BSA will have no role in the methodology of the audit.

The cost of conducting a 3rd party software audit is borne by the participating organization. BSA and its member companies play no part in determining the cost or funding of this process.

The recommended Audit Partners are independent of the BSA, and BSA shall not be responsible for any liability, loss or damage incurred by them.

Privacy and Confidentiality
The data procured during the audit report will not be shared with any other third party, other than with the copyright owner of each of the software declared.

Warranty
BSA makes no representation nor give and warranty that a company’s use of computer software complies with applicable laws or otherwise.

Term and Validity of the Immunity
The immunity is valid for a period of one year, after which the BSA reserves the right to review your companies’ status accordingly.

Cancellation of the Certificate

Installation of unlicensed software on company’s computer AFTER the submission of the Declaration
a) Should the BSA receive any information on the alleged use of illegal software by your company during the validity period, BSA will communicate with your company to request for an internal audit to be conducted to verify the matter and if need be, to clarify and/or rectify the situation within two (2) weeks from the date of the communication, failing which, BSA will be at liberty to revoke your participation in this Program.

b) After the aforesaid two (2) weeks, BSA reserves the right to conduct random audit visits on your company’ and to verify the information received. In the event that illegal BSA member companies’ software are found to be in use, with or without your knowledge, BSA reserves the right to revoke your participation in this Program.