Software Licensing Legal Services

Navigate complex software licensing with confidence. Legal counsel for compliance, optimization, and cost reduction across your entire software portfolio.

Software licensing is highly complex and filled with compliance risks, hidden costs, and confusing metrics across cloud, subscription, and traditional models. Byte Counsel helps organizations stay compliant, avoid costly audits, and optimize licensing agreements to reduce expenses and secure better terms.

License Compliance Services

Compliance Assessment

Comprehensive review of your software deployment against license entitlements. Identify compliance gaps before vendors find them.

  • • License position analysis across all major publishers
  • • Deployment vs. entitlement reconciliation
  • • Risk assessment and exposure calculation
  • • Remediation recommendations and cost estimates

Gap Remediation

Strategic remediation of compliance gaps that minimizes cost while ensuring you meet licensing obligations.

  • • Cost-effective true-up strategies
  • • Alternative licensing model evaluation
  • • Vendor negotiation for retroactive licensing
  • • Deployment optimization to reduce license needs

Internal Audit Preparation

Prepare for vendor audits before they happen. Build defensible license positions and documentation.

  • • Pre-audit compliance reviews
  • • License entitlement documentation
  • • Deployment evidence preparation
  • • Mock audit exercises and readiness testing

Vendor Audit Defense

Legal defense when vendors initiate licensing audits. Protect your rights and minimize exposure.

  • • Audit scope and methodology negotiations
  • • Evidence challenge and dispute resolution
  • • Settlement negotiations and cost reduction
  • • Ongoing compliance requirements structuring

License Optimization & Cost Reduction

Most organizations significantly over-license software. We work to identify optimization opportunities that reduce costs.

License Utilization Analysis

Comprehensive review of actual software usage vs. licensed capacity. Identify shelfware, under-utilized licenses, and opportunities to downgrade editions.

Savings: Organizations typically discover licenses are unused or underutilized, representing immediate cost reduction opportunities.

Right-Sizing License Deployments

Match license types and editions to actual user needs. Move power users to appropriate tiers while downgrading occasional users to cost-effective options.

Savings: Cost reduction by matching license types to actual usage patterns rather than defaulting to highest tier for everyone.

Eliminating Shelfware

Identify and eliminate unused software licenses through retirement, reallocation, or non-renewal. Recover value from software no longer serving business needs.

Savings: Shelfware is typical in many organizations.

Downgrade & Alternative Licensing

Evaluate alternative licensing models that better match your deployment. Consider concurrent vs. named user licenses, subscription vs. perpetual, and cloud vs. on-premise economics.

Typical Savings: Switching licensing models can reduce costs 25-50% while maintaining the same functionality and user base.

Enterprise Agreement Management

EA Negotiation

Microsoft EA, Oracle ULA, and other enterprise agreements are complex, multi-year commitments worth millions. Strategic negotiation is critical.

  • Volume discount maximization and commitment optimization
  • True-up terms, timing, and cost management
  • Product inclusion/exclusion strategies
  • Audit rights limitations and compliance terms
  • Price protection and escalation caps

EA Renewal Strategy

EA renewals are critical opportunities to optimize terms, reduce costs, and improve compliance provisions. Planning begins 12-18 months ahead.

  • Usage analysis and forecasting for negotiation leverage
  • Alternative licensing model evaluation (cloud migration)
  • Competitive pressure and multi-vendor strategies
  • Timing leverage (end-of-quarter, end-of-year)
  • Exit strategy and BATNA (Best Alternative)

Cloud & Modern Licensing Models

SaaS Licensing

Navigate subscription-based SaaS licensing: user tiers, concurrent vs. named users, usage-based pricing, and annual vs. multi-year commitments.

  • • User-based pricing optimization
  • • Feature tier analysis
  • • Usage limit negotiations
  • • Auto-renewal management

Cloud Infrastructure

Azure, AWS, and GCP licensing for IaaS and PaaS. Manage BYOL scenarios, reserved instances, and hybrid cloud licensing complexity.

  • • Bring Your Own License (BYOL)
  • • Reserved instance optimization
  • • Hybrid benefit calculations
  • • Cloud-specific licensing rules

Hybrid Environments

Optimize licensing for mixed on-premise and cloud deployments. Avoid duplicate licensing costs during migration and in steady-state hybrid environments.

  • • Migration licensing strategies
  • • Dual-use and failover rights
  • • Disaster recovery licensing
  • • License portability terms

Software Asset Management (SAM) Legal Support

Effective SAM programs require both technical tools and legal knowledege. We provide the legal framework for defensible, audit-ready SAM.

SAM Program Development

Build legally defensible SAM processes that satisfy vendor audit requirements while supporting business needs and optimizing costs.

License Agreement Interpretation

Clarify ambiguous license terms, define deployment rights, and resolve licensing questions before they become audit findings.

SAM Data in Negotiations

Leverage accurate SAM data to negotiate better licensing terms, challenge vendor positions, and optimize renewal pricing.

Audit Readiness

Ensure your SAM program produces audit-defensible evidence. Review documentation standards and compliance reporting.

Open Source Compliance

Open source software is "free" but comes with license obligations that can expose your organization to significant legal risk.

Open Source License Review

Identify open source components in your software. Review GPL, MIT, Apache, and other open source licenses for compliance obligations and restrictions on commercial use.

GPL & Copyleft Licenses

Navigate GPL, AGPL, and other copyleft licenses that require source code disclosure. Assess infection/contamination risks and structure development to maintain proprietary code protection.

Commercial Use Restrictions

Identify open source licenses that restrict commercial use or require different terms for commercial distribution. Ensure your use cases comply with license restrictions.

License Compatibility

Analyze compatibility between different open source licenses when combining components. Avoid license conflicts that create compliance problems or require unwanted source disclosure.

Optimize Your Software Licensing

Stop overpaying and risking audit exposure. Get legal counsel that optimizes costs, ensures compliance, and protects your business.