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Failure to pay maintenance fee triggers Autodesk audit

Posted by Steve Vondran | Dec 30, 2019 | 0 Comments

Attorney Steve® Software Compliance Essentials - Autodesk Maintenance Fees

Software audit demand letter BSA Autodesk

Introduction

If your company is using Autodesk software with a maintenance program when the maintenance program expires you may not be able to install a newer version or update (even with auto-installation) without being pursued for breach of contract (violation of EULA) or worse, for willful copyright infringement, which can leave officers and directors at risk of PERSONAL liability.

Autodesk EULA and information regarding maintenance fees

Per their https://knowledge.autodesk.com/customer-service/account-management/billing-orders/maintenance-plan-renewal:

"Maintenance plans and subscriptions purchased through a reseller or Autodesk sales can be renewed as early as 90 days prior to expiration. To avoid potentially losing access to your software, services, or benefits, it is important to renew your contract before the expiration date. If not renewed, notifications are emailed to Contract Managers 45, 30, and 4 days prior to expiration. Please see the Renewal Policy below.

Note: If you have a multi-user license, update your network license file with your renewed licenses immediately after renewal. This will ensure that users have continuous access to software."

Also, section 2.4 of their EULA states (may not be applicable to all products, please review your licensing agreement):

"2.4 If You have upgraded or crossgraded Your Covered Software (and corresponding Maintenance Plan) (“Old Covered Software”) to a version of an Autodesk software product (and corresponding Maintenance Plan) (“New Covered Software”) that is not a successor or substitute to Your Old Covered Software (as determined by Autodesk), the provisions of Sections 2.1, 2.2 and 2.3 above shall no longer apply to prior versions of Your Old Covered Software and You must Uninstall all copies of versions of the Old Covered Software and any such prior versons (including any copies resident on Your hard disk drive), and upon request by Autodesk, return any User Documentation to Autodesk or Your reseller within sixty (60) days of installing any versions of the New Covered Software. Autodesk reserves the right to require You to show satisfactory proof that all versions of the Old Covered Software and such prior versions have been destroyed and/or to conduct the audit set forth in Your Maintenance Plan Agreement."

There is also a "definition" section (again, check your AutoCAD, Maya, Inventor, or Revit EULA) which notes:

“Maintenance Plan”: means, in relation to particular Covered Software, the Relationship Program offered generally by Autodesk referred to as a “Maintenance Plan” under which Autodesk may provide (among other things) Benefits related to that Covered Software.  Different levels and/or types of Maintenance Plan offerings may be comprised of different types of Benefits based on the related Covered Software and Territory. Maintenance Plan Benefits may vary based on the related Covered Software and Territory.

“Maintenance Plan Fee”: the fee paid, or payable, by You for a Maintenance Plan.

Autodesk Software Compliance Resources

1. What happens if I do not renew Autodesk maintenance (discussion board)

2.  Video - what to do when you receive an Autodesk demand letter

3.  Video - the problem with using crack codes to access AutoCAD 

Contact an Autodesk Software Licensing and Compliance Law Firm

When it comes to dealing with Software Audits dealing with Autodesk, there is no other firm in the United States that can match our skill, experience, and proven results.  Whether you are dealing with an "internal audit" directly with Autodesk, or have received a letter from their copyright software law firm Donahue Fitzgerald, we can help.  We can help guide your company through the process whether you are an architect, designer, engineer, landscaper, or other creative professional and seek to obtain the best possible outcome.  There is no substitute for experience in this niche area of copyright law.  If you received a letter from the Business Software Alliance ("BSA"), or Donahue Fitzgerald or Autodesk, call us for a free initial consultation.  We can be reached at (877) 276-5084.

We have top-notch client reviews and have appeared in over 150 federal court cases.  So, we are prepared for whatever direction the case may take.

About the Author

Steve Vondran

Thank you for viewing our blogs, videos and podcasts. As noted, all information on this website is Attorney Advertising. Decisions to hire an attorney should never be based on advertising alone. Any past results discussed herein do not guarantee or predict any future results. All blogs are written by Steve Vondran, Esq. unless otherwise indicated. Our firm handles a wide variety of intellectual property and entertainment law cases from music and video law, Youtube disputes, DMCA litigation, copyright infringement cases involving software licensing disputes (ex. BSA, SIIA, Siemens, Autodesk, Vero, CNC, VB Conversion and others), torrent internet file-sharing (Strike 3 and Malibu Media), California right of publicity, TV Signal Piracy, and many other types of IP, piracy, technology, and social media disputes. Call us at (877) 276-5084. AZ Bar Lic. #025911 CA. Bar Lic. #232337

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