Question Policy Guidelines

[Topi67]

Dear All!

Can somebody send OpenEdge Policy Guidelines document was valid from december 2009? We like to know what was the correct 'Counting Methodology' for concurrent users. EULA did not specified that.


Thanks,

 

[Stefan]

From page 5 of the OpenEdge Policy Guide effective January 1st 2009:

Counting Methodology: The Concurrent User license count must be the greater of:

i. The peak number of Client Devices and Non-Human Operated Devices that simultaneously use an OpenEdge client product or simultaneously use an application that can access an OpenEdge server product;

OR

ii. The peak number of Server Processes that can simultaneously use an OpenEdge server product.

 

[Topi67]

Dear Stefan!

Thank you for your answer. That is what we think. Unortunatelly EULA states:
"A Concurrent Device may be a Client Device, a Non-Human Operated Device or a Process. The Licensee may have in use at any given time a maximum number of Concurrent Devices accessing the Product, or ccessing an application which can access a Product, as purchased under the Concurrent Device License."

In addition PSC said, Policy Guideline is for internal use only, and EULA overrides any other rule.

Now they want sell more licenses for background processes (we did not count in the past). And of course pay penalty retrospectively I think it is not fair, we used policy guidline rules for internal audits, and EULA does not specify counting methodology.

PSC also states, EULA overrides Partnership Agreement contract, but it is a different story ...

Has someone had similar experiences?

Thanks,

 

[Cringer]

Give these guys a call: Progress OpenEdge Database Services - White Star Software
They have a lot of experience of dealing with PSC in License disputes. They will certainly help you understand what is correct, and what not, and they may well be able to help you fight the case too.

 

[TomBascom]

We prefer not to “fight”. If it turns into that everyone loses.

 

[Topi67]

Tom, we do not like to fight, but we have to. They say hair-raising things like xcoded distribution of our application patches is clearly prohibited by EULA or number of connections is equal to number of concurrent devices, etc. Too much money is also a problem.

We are also disappointed how they handle AP after 26 years cooperation and selling thousands of licenses...

 

[TomBascom]

IMHO you would be best served to politely escalate the matter. If the lawyers start sending each other letters it will not go well.

 

[Cringer]

We prefer not to “fight”. If it turns into that everyone loses.

Yeah bad choice of words on my part. I meant to say that they would help you to take the best course of action.

 

[Topi67]

Dear All!

Can anyone send 9.1E or/and 10.0B EULA?

Thanks,
Gabor