Micro Focus Compliance Policy

1. Objectives and Background

1.1 Micro Focus takes the protection of Micro Focus’ intellectual property very seriously. Micro Focus has invested heavily in its products, through development and acquisition, and has a responsibility to its shareholders to protect the value and integrity of its intellectual property ("IP").

1.2 Micro Focus expects all users of its products to ensure they are correctly licensed for their use of Micro Focus’ products.

1.3 Micro Focus runs a License Verification Program to help users and resellers identify and resolve any under-licensing issues.

1.4 The right to use Micro Focus’ software is granted through software license agreements. These agreements contain very specific conditions describing the use of each type of license that can be purchased. Unauthorised or unlicensed use of Micro Focus' software is likely to constitute a breach of contract and/or of intellectual property rights laws. Certain types of unlicensed usage may also constitute a criminal offence.

1.5 Micro Focus recognises that non compliance can happen unintentionally. Mergers and acquisitions within our customer organisations, changing deployment practices, lack of license management and simple misunderstandings about license requirements typically cause questions or concerns about whether an organisation is correctly licensed. Micro Focus welcomes contact from users and resellers concerned that an under-licensing situation may exist and will work with users and resellers to ensure correct licensing.

2. Users and resellers are responsible for managing and complying with Micro Focus licenses

2.1 It is the customer's responsibility to ensure Micro Focus’ software is always used in accordance with the terms and conditions of the Micro Focus license agreement for that product.

2.2 Where the customer buys licenses from a distributor or reseller then the distributor or reseller should also ensure that Micro Focus licenses are only sold in accordance with its distribution or reseller agreement with Micro Focus. The reseller also has responsibility for ensuring that the customer complies with the terms of the applicable license agreement.

3. Micro Focus’ License Verification Program ("LVP")

3.1 Micro Focus runs an active License Verification Program ("LVP") to support customer and reseller understanding of license options and to help identify and resolve any under-licensing situations. Micro Focus’ License Verification representatives at Regional and Global levels can provide verification and guidance services as well as advice on whether product usage is compliant with licenses issued.

3.2 You can request LVP support via email lvpexpert@microfocus.com.

4. Resolving a License Compliance Issue

4.1 If Micro Focus identifies an apparent under-licensing situation, it will write to the customer or reseller (as appropriate) explaining that Micro Focus believes there may be an issue. The Micro Focus LVP team may ask for further information to verify use and/or propose a resolution pathway so that, where appropriate, correct licenses can be obtained by the distributor or reseller (as appropriate). The Micro Focus LVP team will expect resolution to be achieved within thirty days of a notification.

4.2 A Verification process may confirm that correct licenses are in place for the usage of Micro Focus products and that the customer is compliant.

4.3 Where there is an under-licensing (non compliant) situation then Micro Focus takes a strong but fair approach to resolving the matter with customers and resellers in a consultative manner. Without prejudice to Micro Focus’ rights in this regard, this approach may include charging for additional software licenses needed to bring the situation into compliance and for support fees for the period of unlicensed use of the products.

4.4 Where resolution is not achieved the issue will be escalated within your organisation and to Micro Focus’ Global Compliance Team which has the authority to pursue additional remedies available to it, including termination of applicable licenses, maintenance and/or reseller contracts and litigation.