Worldwide License Compliance Program

Serena Software, Inc. has implemented a Worldwide License Compliance program to assist Serena and its customers in verifying the usage of Serena software products against licensed capacity and to prevent the piracy of Serena software products.

Serena has engaged Ernst & Young, a leading independent auditing firm, to assist Serena in conducting license compliance reviews of customers and partners. If your company is selected to participate in this program, a representative of Ernst & Young will contact you to discuss the timing and procedures involved in the review.

This site also contains helpful information for our customers and partners to understand and prevent software piracy within their organizations, tools for conducting an inventory of Serena software products, and ways to report the piracy of Serena software products.

What is Software Piracy?

Software piracy is the unauthorized use, reproduction or distribution of software for business or personal use. Software piracy is considered copyright infringement and can subject the infringer to significant legal consequences.

Software piracy hurts everyone, including software developers, software distributors, software resellers and end-users. The illegal duplication and distribution of software also has a significant impact on the economy. Every year billions of dollars of revenue is lost as a result of software piracy. According to a Global Piracy Study conducted by the Business Software Alliance, total losses sustained by the software industry in 2007 as a result of software piracy were in excess of $40 billion dollars worldwide.

Types of Piracy

Overuse/Misuse of Software
This occurs when a licensee of the software expands its use beyond the scope of the license, including:

• Using mainframe software on a mainframe computer in excess of the licensed capacity
• Transferring mainframe software to a different mainframe computer without obtaining the consent of the software vendor
• Transferring mainframe or distributed software to a different computer without approval from the software vendor
• Circumventing license keys and deploying the software in excess of the licensed capacity or user licenses
• Allowing unauthorized persons to use the software
• Allowing unlicensed affiliates to use the software
• Allowing the software to be used in locations outside of the licensed territories

Counterfeiting
This includes the illegal duplication, distribution or sale of copyrighted material with the intent of imitating the copyrighted product.

Internet Piracy
This occurs when software is downloaded from the Internet, including:

• Websites that make software available for free download or in exchange for other software
• Internet auction sites that offer counterfeit or out-of-channel software
• Peer-to-peer networks that enable unauthorized transfer of copyrighted programs

End User Piracy
This occurs when an individual reproduces copies of software without authorization, including:

• Using one licensed copy to install a program on multiple computers
• Copying disks for installation or distribution
• Taking advantage of upgrade offers without having a legal copy of the version to be upgraded
• Acquiring academic or other restricted or non-retail software without a proper license
• Swapping disks in or outside the workplace

Hard-Disk Loading
This occurs when a business sells computers with illegal or unauthorized copies of software loaded onto the hard disks or other storage devices to make the purchase of the machines more attractive.

Prevent Software Piracy

Get Informed
Download the IDC white paper to learn about the risks of obtaining and using pirated software, and how you can avoid them. Information about software piracy is also available from several industry organizations, including the Business Software Alliance (BSA), International Anti-Counterfeiting Coalition (IACC) and Software and Information Industry Association (SIIA).

Get Compliant
All companies using Serena software products should implement Software Asset Management (SAM) policies and practices across their organizations to ensure they realize the full value of Serena software products. SAM can be accomplished through four easy steps:

• Step One: Conduct an inventory of your Serena software products. Many of Serena's software products include a Software License Manager that can be used to facilitate this inventory. You should also use a software asset management tool to identify Serena software products on other servers and systems on your network. Automated SAM and software audit tools may be obtained for a trial period at no charge from the Business Software Alliance.
   
• Step Two: Compare the actual installations to your licensing records, which include copies of license agreement and original receipts and invoices.
   
• Step Three: Purchase new licenses from Serena for any unlicensed software. To purchase additional licenses, please contact your local Serena sales representative or Serena's Manager of Worldwide Legal Compliance at (650) 481-3426.
   
• Step Four: Establish a SAM plan to maintain compliance with your Serena software licenses, including policies and procedures, standardization of software products, centralized software purchasing and centralized software inventory database.

Report Piracy
If you believe that Serena Software products are subject to piracy or misuse, you should report the matter promptly to Serena Worldwide License Compliance. There are three ways to report piracy:

• Call Serena's Manager of Worldwide License Compliance at (650) 481-3426.
• Send an e-mail (preferably with a completed Reporting Form attached) to piracy@serena.com.
• Mail a completed Reporting Form to: Serena Software, Inc., 1900 Seaport Boulevard, Redwood City, CA 94063 USA Attn: Manager, Worldwide License Compliance.

Legal Consequences of Piracy

Piracy is stealing. Persons who are caught copying or distributing illegal copies of Serena software products may be liable under both civil and criminal laws. Serena can seek to enjoin the person from using and distributing its software products and seek monetary damages. Serena may choose between actual damages, which would include the amount it has lost because of the infringement (as well as any of your profits attributable to the infringement), or statutory damages, which could be in the millions of dollars for willful infringement. The government can also criminally prosecute copyright infringement and, if convicted, the person can be fined up to $250,000, or sentenced to prison for up to five years, or both.

© 2010 SERENA Software, Inc. All Rights Reserved.
Revised: May 12, 2008

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