I was speaking to Jochen Hagenlocher on The ITAM Review podcast recently (My recording with Jochen will go live in the New Year).
Jochen shared a smart idea for thwarting audits before they start – The reverse click through EULA.
What is a click-through EULA?
A click through end user license agreement is whereby a user of software must click “I agree” to the terms in order to use the software – so the user unwittingly agrees to terms in the small print in order to use or install software.
We’ve written before about the perils of click through licensing. Everyone knows the biggest lie on the Internet is “I’ve read the terms and conditions”.
The reverse click-through EULA trick
Jochen’s idea is to use the EULA in reverse as follows:
- Anyone answering an RFP at his company must download the RFP from the company website
- By downloading the RFP document the individual must accept the EULA for the RFP
- The RPF EULA stipulates that by reading the RFP the company forfeits all audit rights for 12 months
So for example, an Oracle sales rep accepts the EULA to download and peruse the RFP (Just to read it, not to respond to it), by downloading he has removed all Oracle audit risk for 12 months. I’ve spoken to ITAM Review readers over the years that have stipulated participation in a tender cancels audit rights – this takes it to a whole new level.
Underhand? Foul play? No, just playing vendors at their own game. They’ve been using surreptitious EULAs and heavy handed sales techniques for decades – why not fight back using the same techniques?
Do you think this idea would work? Do you operate a similar reverse click through EULA technique or other means of thwarting audits before they begin? Please contact me or share your views in the comments.
About Martin Thompson
Martin is also the founder of ITAM Forum, a not-for-profit trade body for the ITAM industry created to raise the profile of the profession and bring an organisational certification to market. On a voluntary basis Martin is a contributor to ISO WG21 which develops the ITAM International Standard ISO/IEC 19770.
He is also the author of the book "Practical ITAM - The essential guide for IT Asset Managers", a book that describes how to get started and make a difference in the field of IT Asset Management. In addition, Martin developed the PITAM training course and certification.
Prior to founding the ITAM Review in 2008 Martin worked for Centennial Software (Ivanti), Silicon Graphics, CA Technologies and Computer 2000 (Tech Data).
When not working, Martin likes to Ski, Hike, Motorbike and spend time with his young family.
Connect with Martin on LinkedIn.