September 2011 - KICTANet

Evelyn
by Nancy Macharia 12 Sep '11

12 Sep '11

Ooh! Very shocking! Life is really short. Can't believe we won't have her smile, warmth and resourcefulness. Condolences to her family and friends. May her soul rest in peace. Nancy Macharia Tel: +254727746156Sent from my BlackBerry

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Fare thee well - Evelyn
by robert yawe 12 Sep '11

12 Sep '11

You were a true friend, a caring sole and warm hearted. I already feel the void from your departure, no longer a phone call or an sms away. Never again to bump into you in the street or sit down for an unplanned cup of coffee. Who will I bounce my ideas and aspirations off. Fare thee well Evelyn. Robert Yawe KAY System Technologies Ltd Phoenix House, 6th Floor P O Box 55806 Nairobi, 00200 Kenya Tel: +254722511225, +25420201069

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Fw: REQUEST TO POST REOI FOR THE DISPOSAL OF MONUSCO PROPERTY BY COMMERCIAL SALE
by duncan ondigo 12 Sep '11

12 Sep '11

Listers For anyone in Uganda and may be interested, please refer to the attached Kind regards, Duncan ----- Forwarded Message ----- From: Esther Nakkazi <nakkazie(a)yahoo.com> To: I-Network Uganda <i-network(a)dgroups.org> Sent: Friday, September 9, 2011 11:20 PM Subject: [i-network] Fw: REQUEST TO POST REOI FOR THE DISPOSAL OF MONUSCO PROPERTY BY COMMERCIAL SALE Some IT equipment. Esther Nakkazi | Freelance science Reporter, Researcher & Trainer Uganda-East Africa | Mobile+256772491950 nakkazie(a)yahoo.com | estanakkazi(a)gmail.com Blog; estanakkazi.blogspot.com | twitter: @Nakkazi |skype; estanakkazi ----- Forwarded Message ----- From: Michelle Nakabiito <nmichelle(a)ug.nationmedia.com> To: Nakkazi Esther <nakkazie(a)yahoo.com> Sent: Friday, 9 September 2011, 7:27 Subject: FW: REQUEST TO POST REOI FOR THE DISPOSAL OF MONUSCO PROPERTY BY COMMERCIAL SALE Esther, See forwarded Nice wkd Mich -----Original Message----- From: Michelle Nakabiito Sent: Friday, September 09, 2011 4:06 PM To: TEAstaff (UG) Cc: Richard Sebahiima Senkwale; Halima Subject: FW: REQUEST TO POST REOI FOR THE DISPOSAL OF MONUSCO PROPERTY BY COMMERCIAL SALE Importance: High Dear all, See attached items that are being disposed off at UN MONUSCO Entebbe Old Air port base. See if any can interest you. Regards for a nice weekend. Michelle -----Original Message----- From: aguma(a)un.org [mailto:aguma@un.org] Sent: Wednesday, September 07, 2011 5:45 PM To: Sebastian Elango; Michelle Nakabiito; michelle.nakabiito(a)gmail.com Cc: jensenc(a)un.org Subject: REQUEST TO POST REOI FOR THE DISPOSAL OF MONUSCO PROPERTY BY COMMERCIAL SALE Importance: High Dear Sebastian and Michelle, Greetings. Kindly find attached documents for your attention. (See attached file: REQUEST FOR EOI - NATION MEDIA pdf..pdf) (See attached file: Advert for commercial sale of property.doc) Please confirm receipt of this email. Best regards, -------------------------------------------------- Olivia Aguma (Ms) UN Procurement Division Regional Procurement Office ESB, Uganda P. O. Box 710 + (256) - 414 â€“ 705723 198 - 5723 (Inter-mission) Email: aguma(a)un.org DISCLAIMER: The information contained in or accompanying this e-mail is intended for the use of the stated recipient only. It may contain confidential, proprietary or legally privileged information. No confidentiality or privilege is waived or lost by any mistransmission. If you receive this message in error, please immediately delete it and all copies of it from your system, destroy any hard copies of it and notify the sender. You must not, directly or indirectly, use, disclose, distribute, print, or copy any part of this message if you are not the intended recipient. Any views or opinions presented herein are solely those of the author and do not necessarily represent those of the Nation Media Group. ‘To get all breaking news alerts send the word BREAK to 6667 or visit http://mobile.nation.co.ke to read news on your mobile phone.’ ##################################################################################### This e-mail message has been scanned for Viruses and Content and cleared by MailMarshal ##################################################################################### Read the mailing list rules - http://www.i-network.or.ug/index.php?option=com_content&view=article&id=189… Visit the I-Network website - www.i-network.or.ug Follow I-Network on Twitter: http://twitter.com/inetwork The I-Network Dgroup is a platform for ICT Knowledge Sharing ________________________________ Visit web site Click here to unsubscribe The email is intended only for the recipients. The owners of the Dgroups cannot be held responsible for the contents of the email message.

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Invitation to connect on LinkedIn
by Joseph McDonald via LinkedIn 12 Sep '11

12 Sep '11

LinkedIn ------------ Joseph McDonald requested to add you as a connection on LinkedIn: ------------------------------------------ Benjamin, I'd like to add you to my professional network on LinkedIn. - Joseph Accept invitation from Joseph McDonald http://www.linkedin.com/e/u7xxdc-gsh91svv-3h/4_n5t6X_WQjXh2Z5g_n5tTYK1bLMph… View invitation from Joseph McDonald http://www.linkedin.com/e/u7xxdc-gsh91svv-3h/4_n5t6X_WQjXh2Z5g_n5tTYK1bLMph… -- (c) 2011, LinkedIn Corporation

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Re: [kictanet] kictanet Digest, Vol 52, Issue 35
by James Nguo 12 Sep '11

12 Sep '11

My condolences to the family James Nguo (Ashoka Fellow) Regional Director Arid Lands Information Network Eastern Africa Groud floor AAYMCA Building, State Hse Crescent off State House Avenue | P.O. Box 10098 - 00100 | Nairobi - Kenya email jnguo(a)alin.net | tel +254 (20) 2731557 | fax +254 (20) 2737813| cel +254 733888164 web http://www.alin.net -----Original Message----- From: kictanet-bounces+jnguo=alin.net(a)lists.kictanet.or.ke [mailto:kictanet-bounces+jnguo=alin.net@lists.kictanet.or.ke] On Behalf Of kictanet-request(a)lists.kictanet.or.ke Sent: 12 September 2011 12:18 To: James Nguo Subject: kictanet Digest, Vol 52, Issue 35 Send kictanet mailing list submissions to kictanet(a)lists.kictanet.or.ke To subscribe or unsubscribe via the World Wide Web, visit http://lists.kictanet.or.ke/mailman/listinfo/kictanet or, via email, send a message with subject or body 'help' to kictanet-request(a)lists.kictanet.or.ke You can reach the person managing the list at kictanet-owner(a)lists.kictanet.or.ke When replying, please edit your Subject line so it is more specific than "Re: Contents of kictanet digest..." Today's Topics: 1. Re: We have lost Evelyne Rono (Henry Okatch) 2. Re: We have lost Evelyne Rono (Francis Hook) 3. Re: We have lost Evelyne Rono (Harry Delano) 4. Re: We have lost Evelyne Rono (melissa makokha) ---------------------------------------------------------------------- Message: 1 Date: Mon, 12 Sep 2011 12:02:54 +0300 From: Henry Okatch <hokatch(a)gmail.com> To: Paul Makobi <paul(a)adwest.net> Cc: KICTAnet ICT Policy Discussions <kictanet(a)lists.kictanet.or.ke> Subject: Re: [kictanet] We have lost Evelyne Rono Message-ID: <CAKqX=SC6H3PPFrmAyZuEYk5e_ir72zHOaJykRxxzfoKBofHz3A(a)mail.gmail.com> Content-Type: text/plain; charset="iso-8859-1" My condolences to the family, colleagues and friends She will be greatly missed Rgds Henry On Mon, Sep 12, 2011 at 11:50 AM, Paul Makobi <paul(a)adwest.net> wrote: > Poleni sana > > > regards > > -----Original Message----- > From: kictanet-bounces+paul=adwest.net(a)lists.kictanet.or.ke > [mailto:kictanet-bounces+paul=adwest.net@lists.kictanet.or.ke] On Behalf > Of > Esther Muchiri > Sent: Monday, September 12, 2011 11:41 AM > To: paul(a)adwest.net > Cc: 'KICTAnet ICT Policy Discussions' > Subject: Re: [kictanet] We have lost Evelyne Rono > > Oh my! This is very sad news on a Monday morning! Everlyn was an ICT > champion and the gap she leaves behind is irreplaceable. May her soul rest > in eternal peace. Amen > > > -----Original Message----- > From: kictanet-bounces+emuchiri=andestbites.com(a)lists.kictanet.or.ke > [mailto:kictanet-bounces+emuchiri=andestbites.com@lists.kictanet.or.ke] On > Behalf Of alice(a)apc.org > Sent: Monday, September 12, 2011 9:58 AM > To: emuchiri(a)andestbites.com > Cc: KICTAnet ICT Policy Discussions > Subject: [kictanet] We have lost Evelyne Rono > > Dear all, > We lost our colleague and friend Evelyne Rono, KDN, last night after a > short > illness. > Deepest condolences to her loved ones. > TESPOK will send us more on funeral arrangements. > > Alice Munyua > > > _______________________________________________ > kictanet mailing list > kictanet(a)lists.kictanet.or.ke > http://lists.kictanet.or.ke/mailman/listinfo/kictanet > > Unsubscribe or change your options at > > http://lists.kictanet.or.ke/mailman/options/kictanet/emuchiri%40andestbites. > com > > The Kenya ICT Action Network (KICTANet) is a multi-stakeholder platform for > people and institutions interested and involved in ICT policy and > regulation. The network aims to act as a catalyst for reform in the ICT > sector in support of the national aim of ICT enabled growth and > development. > > KICTANetiquette : Adhere to the same standards of acceptable behaviors > online that you follow in real life: respect people's times and bandwidth, > share knowledge, don't flame or abuse or personalize, respect privacy, do > not spam, do not market your wares or qualifications. > > > _______________________________________________ > kictanet mailing list > kictanet(a)lists.kictanet.or.ke > http://lists.kictanet.or.ke/mailman/listinfo/kictanet > > Unsubscribe or change your options at > http://lists.kictanet.or.ke/mailman/options/kictanet/paul%40adwest.net > > The Kenya ICT Action Network (KICTANet) is a multi-stakeholder platform for > people and institutions interested and involved in ICT policy and > regulation. The network aims to act as a catalyst for reform in the ICT > sector in support of the national aim of ICT enabled growth and > development. > > KICTANetiquette : Adhere to the same standards of acceptable behaviors > online that you follow in real life: respect people's times and bandwidth, > share knowledge, don't flame or abuse or personalize, respect privacy, do > not spam, do not market your wares or qualifications. > > > _______________________________________________ > kictanet mailing list > kictanet(a)lists.kictanet.or.ke > http://lists.kictanet.or.ke/mailman/listinfo/kictanet > > Unsubscribe or change your options at > http://lists.kictanet.or.ke/mailman/options/kictanet/hokatch%40gmail.com > > The Kenya ICT Action Network (KICTANet) is a multi-stakeholder platform for > people and institutions interested and involved in ICT policy and > regulation. The network aims to act as a catalyst for reform in the ICT > sector in support of the national aim of ICT enabled growth and development. > > KICTANetiquette : Adhere to the same standards of acceptable behaviors > online that you follow in real life: respect people's times and bandwidth, > share knowledge, don't flame or abuse or personalize, respect privacy, do > not spam, do not market your wares or qualifications. > -- Warm Regards Henry Cell +254721899572 _______________________________________________________________________________ *Every morning in Africa, a gazelle wakes up, It knows it must run faster than the fastest lion or it will be killed. Every morning a lion wakes up, it knows it must outrun the slowest gazelle or it will starve to death. It doesn't matter whether you are a gazelle or a lion. When the sun comes up, you better start running. - In "The World is Flat" by Thomas L. Friedman*

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Re: [kictanet] We have lost Evelyne Rono
by Kanja Waruru 12 Sep '11

12 Sep '11

This is truly very sad news I knew Evelyn well and may the good Lord rest her soul in peace. Regards. Kanja Sent from my iPad On Sep 12, 2011, at 10:55 AM, godera(a)skyweb.co.ke wrote: Listers, I received this news early this morning in shock. Evelyn was a wonderful friend and colleague in the industry. May God rest her soul in eternal peace. How I will miss Evelyn's cheerful spirit. May God comfort her family during this diificult time. Gilda Quoting Walubengo J <jwalu(a)yahoo.com>: Oh dear! may her Soul rest in peace. walu. --- On Mon, 9/12/11, alice(a)apc.org <alice(a)apc.org> wrote: From: alice(a)apc.org <alice(a)apc.org> Subject: [kictanet] We have lost Evelyne Rono To: jwalu(a)yahoo.com Cc: "KICTAnet ICT Policy Discussions" <kictanet(a)lists.kictanet.or.ke> Date: Monday, September 12, 2011, 9:57 AM Dear all, We lost our colleague and friend Evelyne Rono, KDN, last night after a short illness. Deepest condolences to her loved ones. TESPOK will send us more on funeral arrangements. Alice Munyua _______________________________________________ kictanet mailing list kictanet(a)lists.kictanet.or.ke http://lists.kictanet.or.ke/mailman/listinfo/kictanet Unsubscribe or change your options at http://lists.kictanet.or.ke/mailman/options/kictanet/jwalu%40yahoo.com The Kenya ICT Action Network (KICTANet) is a multi-stakeholder platform for people and institutions interested and involved in ICT policy and regulation. The network aims to act as a catalyst for reform in the ICT sector in support of the national aim of ICT enabled growth and development. KICTANetiquette : Adhere to the same standards of acceptable behaviors online that you follow in real life: respect people's times and bandwidth, share knowledge, don't flame or abuse or personalize, respect privacy, do not spam, do not market your wares or qualifications. ------------------------------------------------- This mail sent through IMP: http://horde.org/imp/ _______________________________________________ kictanet mailing list kictanet(a)lists.kictanet.or.ke http://lists.kictanet.or.ke/mailman/listinfo/kictanet Unsubscribe or change your options at http://lists.kictanet.or.ke/mailman/options/kictanet/kanjawaruru%40yahoo.com The Kenya ICT Action Network (KICTANet) is a multi-stakeholder platform for people and institutions interested and involved in ICT policy and regulation. The network aims to act as a catalyst for reform in the ICT sector in support of the national aim of ICT enabled growth and development. KICTANetiquette : Adhere to the same standards of acceptable behaviors online that you follow in real life: respect people's times and bandwidth, share knowledge, don't flame or abuse or personalize, respect privacy, do not spam, do not market your wares or qualifications.

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Registrar of Companies computerisation
by robert yawe 12 Sep '11

12 Sep '11

Hi, I believe we had been informed on this list that the registrar of companies had installed a new electronic system. Last week I asked my company secretary to get us a CR12 which is a document confirming the current directors of a company that is issued by the registrar of companies. He told me that it normally takes 3 days, I then mentioned to him that the department had been computerised and I that it should not take more than a day to get the document. I have spoken to him this morning and he told me that they where informed that the process now takes 1 week up from the previous 3 days. My question to e-government and KICTB, the department of the registrar of companies computerised or not and if it is exactly which functions have been completed? Regards Robert Yawe KAY System Technologies Ltd Phoenix House, 6th Floor P O Box 55806 Nairobi, 00200 Kenya Tel: +254722511225, +254202010696

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Re: [kictanet] CCK Press Release - Consultative meeting on the phase out of use of counterfeit mobile handsets
by Walubengo J 12 Sep '11

12 Sep '11

fyi, walu. --- On Fri, 9/9/11, Wambua, Christopher <Wambua(a)cck.go.ke> wrote: S 9th September 2011 NEWS EDITOR RE: CONSULTATIVE MEETING ON THE PHASE OUT OF COUNTERFEIT MOBILE HANDSETS The Commission today held a consultative meeting with the four mobile network operators, relevant government agencies (i.e. Kenya Bureau of Standards, Anti-Counterfeit Agency, Office of the President – Kenya Police and NSIS - and the Kenya Revenue Authority), Article 19 and equipment manufacturer Nokia to discuss the way forward in respect to the phase out of use of counterfeit mobile handsets in Kenya. It was observed that use of counterfeit handsets denies holders of Intellectual Property rights of their legal right to benefit from the fruits of their innovations. It also exposes consumers to health and security risks, and denies Government of revenue. The meeting, which was quite fruitful, resolved as follows: The phase out of use of counterfeit handsets shall be done in a coordinated manner to involve all stakeholders including government agencies, industry players, consumers and equipment manufacturers. The participating government agencies re-affirmed their commitment to continue working together to stem the importation and use of counterfeit handsets in the country in an effective and sustainable manner. There is need for public awareness to be undertaken to sensitize consumers on the rationale behind the phasing out of counterfeit mobile handsets, the dangers associated with use of counterfeits, and the tentative deadline for deactivation of counterfeit mobile phones. To stem build up in the number of counterfeit mobile handsets in the market, there is need to stop the activation of new SIM cards using counterfeit mobile handsets. In this regard, it was resolved that no new SIM cards would be allowed to operate in counterfeits handsets tentatively as from 30th September 2011. A meeting of the technical teams from the four mobile operators, equipment manufacturers and CCK shall be held next Wednesday to deliberate on the suitability of this date. Use of counterfeit handsets shall be phased out of the market by the end of the year. Consumers using counterfeit mobile handsets therefore have (tentatively) up to 31st December 2011 to replace their mobile phones or risk de-activation. The actual date shall be confirmed during the meeting of the technical team next week. Issued by: John Omo For: DIRECTOR-GENERAL

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Re: [kictanet] Queries about eLimu portal
by Gakiria 11 Sep '11

11 Sep '11

Dear Harry, Am surprised the copied addresses did not appear in my email. I have forwarded your reply to the two gentlemen and strongly advised them to subscribe to the list so that they can engage (And be engaged) directly. It might also be worthwhile to engage with Mr Temba, head of the ICT integration in education team at the ministry of basic education HQ. Andrew On Sunday, 11 September 2011, Gakiria <gakiria(a)gmail.com> wrote: > Hi Gitonga / Reuben, > > I had copied you in my last email to the Kictanet list as below . > There are genuine concerns about eLimu Portal and some suggestions for > improvement which i think will best be addressed by your ICT > Integration team. My suggestion is that you subscribe to the Kictanet > list so that you are able to get first hand information on issues > touching on your areas of concern and also give you a platform to > address any queries. > > In case you feel you dont desire to join the list,i will be happy to > serve as your intermediary to convey information to and from > yourselves. > > Kictanet stands for Kenya ICT action network and comprises of private > sector, civil society and Government actors involved in advocacy for > ICT in Kenya. It is a credible and influential forum and there is more > good than harm for your team to engage with them. > > I was part of the founding team as a rep of eGovernment in 2004. > > Regards > Andrew > > Regards > Andrew > > ---------- Forwarded message ---------- > From: Harry Delano > Date: Saturday, 10 September 2011 > Subject: Re: Queries about eLimu portal > To: Gakiria > Cc: KICTAnet ICT Policy Discussions > > > > > Andrew, > > We can't see the copied addresses. It would be advisable for content to be > uploaded to > go through proof reading/verification at the drafting/production stage > before requisite > authorization is granted for online publication. We suggest this becomes a > standard that > should be ingrafted into the quality control process of every institution > going online. > > Regards, > Harry > > -----Original Message----- > From: kictanet-bounces+harry=comtelsys.co.ke(a)lists.kictanet.or.ke > [mailto:kictanet-bounces+harry=comtelsys.co.ke@lists.kictanet.or.ke] On > Behalf Of Gakiria > Sent: Saturday, September 10, 2011 3:25 PM > To: harry(a)comtelsys.co.ke > Cc: KICTAnet ICT Policy Discussions > Subject: Re: [kictanet] Queries about eLimu portal > > Dear Ory, > > Am copying in Gitonga and a gentleman from KIE (Reuben). I think they are > better placed to respond. > > Gitonga / Reuben, > Below some queries on eLimu Portal. It might be a good idea to Join > Kictanet. . > > Gakiria > > On Saturday, 10 September 2011, Ory Okolloh <ookolloh(a)gmail.com> wrote: >> >> >> Andrew, >> Thanks for the updated url. Can your contact at the Ministry of Education > (Getonga?) please update us on when the numerous typos on the Elimu site > will be fixed. >> >> Ory >> >> >> >> >> Message: 2 >> Date: Sat, 10 Sep 2011 13:10:29 +0300 >> From: Muchiri Nyaggah <muchiri(a)semacraft.com> >> To: "Rad!" <conradakunga(a)gmail.com> >> Cc: KICTAnet ICT Policy Discussions <kictanet(a)lists.kictanet.or.ke> >> Subject: Re: [kictanet] Fwd: Elimu Portal URL >> Message-ID: >> >> <CADdppc1vjGb_JdLXn6e+=LEfNdiF9FAXcPiLGVq6sfHqfXL-0g(a)mail.gmail.com> >> Content-Type: text/plain; charset="iso-8859-1" >> >> It is very simple to ensure the website can be reached with or without >> the preceding 'www'. If statehousekenya.go.ke works with both, >> ict.go.ke should too and so should elimuportal.net >> >> >> >> Kind regards, >> >> >> >> *Muchiri* Nyaggah >> >> Principal Partner >> >> @muchiri >> >> +254 722 506400 >> >> Semacraft.com >> >> >> >> >> >> >> >> >> >> >> >> >> >> On Sat, Sep 10, 2011 at 11:52 AM, Rad! <conradakunga(a)gmail.com> wrote: >> >>> For a site ostensibly for teachers the spelling and grammar needs a >>> little more work. Some of the errors are breathtaking. >>> >>> On Sat, Sep 10, 2011 at 11:06 AM, Gakiria <gakiria(a)gmail.com> wrote: >>> >>>> Dear Listers, >>>> Below the correct address >>>> >>>> Gakiria >>>> >>>> ---------- Forwarded message ---------- >>>> From: Angelo Kiogora Gitonga >>>> Date: Saturday, 10 September 2011 >>>> Subject: [kictanet] Elimu Portal Down? >>>> To: Gakiria >>>> >>>> >>>> Type http://www.elimuportal.net/ and you shall be on the portal >>>> >>>> >>>> -- >>>> Angelo K. Gitonga >>>> Senior Education Officer, Ministry of Education ICT4E and ICT >>>> Integration Team P.O. Box 42264-00200 Nairobi Kenya >>-- > Gakiria Andrew > Coordinator > Kenya eLearning Centre > Nairobi, KENYA > -- Gakiria Andrew Coordinator Kenya eLearning Centre Nairobi, KENYA

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PROVIDERS CONTRACT WITH SOFTWARE VENDORS
by Titus Ngeno 10 Sep '11

10 Sep '11

Dear All, As we all continue to embrace Digital Home I thought I share a some background of software vendors. I have been a software developer then an architect and now a salesman... Live it all When providers contract with vendors, they expect certain products and services. This much is obvious. The issue presented here arises as a result of all the distributing, bundling, packaging and rebadging of products. Vendor A may offer Vendor B's product alongside its own products. In this case, Vendor A is a distributor (and usually a reseller) of Vendor B's product. Typically this type of collaboration exists when the two products perform related tasks for the provider. Like ice and your favorite drink, each is good, but together they are great! Vendor X may offer a product called "IndiaOpenEMR" that also has some type of label like, "powered by InsureWare" or something to that effect. This probably means Vendor X has InsureWare's software embedded in its product, and the "powered by" refers to this fact. In this case, Vendor X is sublicensing technology developed by InsureWare. In each situation, the provider gets the package deal and the functionality it is seeking, which would not be possible with only Vendor A or Vendor B in the first instance or with only Vendor X in the second. So everyone wins, right? Hopefully, but maybe not. When things go well and you have a great prime vendor that really steps up and fills that role, life is good. The provider gets precisely what they signed up for. They have a single point of contact for resolution of problems with any of the products involved. But what happens when things go wrong? Are the responsibilities and procedures clearly set out? Key contract components that must be addressed fully by all vendors involved include support obligations, copyright / patent protection, indemnification, and liability provisions, to name a few. How does the provider determine exactly what they are getting and precisely whom they are dealing with? One simple way to determine the "who" part is to look for the warranty of ownership. Something like, "Vendor warrants that it owns the software." Once you find that section, really analyze it. It is probably not more than a sentence or two, three tops. If the vendor warrants that it is the developer and sole owner of the technology being licensed, then you are dealing with a single vendor and its products. This is the cleanest, most simple scenario. (Quick sidebar here: it must be a warranty, not a representation. Warranties have certain protections and remedies that representations do not.) If the vendor warrants that it is the owner of the technology OR that it has the right to license it, that is your red flag duct taped to a flashing light. This is not bad, but it means the product contains or is packaged with third-party software. You need to be aware of this and you must obtain certain crucial contract terms for your protection. The best-case scenario (keeping in mind that there is another vendor involved that is not a party to your agreement, which is the reason behind this article) is a warranty from the vendor that you are contracting with that it has warranties of ownership, operation, and error correction (for example) from the other vendor. This is critical because it can then be used to back up the same warranties from your selected vendor to you. The biggest warning flag you could ever encounter is where there is a disconnect in the protection(s) offered. If the vendor warrants that "all software is great and works fine and they will fix everything, but this warranty does not apply to a certain line item or product," then you have a problem. What happens if there is a failure with the excluded software? If you have no answer while reviewing contract language, just imagine the discomfort you will feel if your system is down and all indications point to the excluded product. OK, stay with me here. All the legal stuff aside, what those in IT really want to know is what happens if there is a problem with the products. As stated before, with a solid prime vendor you are in good shape. But what about those unfortunate situations where fingers get worn out from all the pointing? To try and avoid heartburn later, fix the contract up front. Try this simple exercise. Remember connect the dots, those partially finished pictures in coloring books with numbered dots? Connect them in numerical order and complete the picture! Give it a try with your software agreement. If you have more than one vendor involved, just imagine a system crash, and then try to connect the dots to all the vendors, especially the vendor behind the scenes. Do you have adequate warranty protection? Do procedures exist for escalating a software problem to the correct level at the vendor? Can you get to the vendor at all?? Make clear for each product included, or component thereof, which vendor is responsible for support, updates, fixes, etc. Make certain that you have contract pathways to obtain that service. Assume vendor A is first point of contact. When the problem ultimately is identified as residing in Vendor B's product, then what? It may be that the responsibility remains with Vendor A, but it also may be that Vendor A is only responsible for "Level 1 Support" and then you go to Vendor B for the difficult stuff. Ideally Vendor A stays involved and shepherds the issue through to resolution, sort of like a new car warranty. Inga's Cadillac dealership did not build the car, but when the car breaks down, you take it back to Inga's to get it fixed. Inga's then takes care of the work required and is backed up by the manufacturer. Taking the car analogy a little further, in terms of your contracted vendors, while you may know who is in the driver's seat, you may not know who else is along for the ride. It could be an awesome two-seat Tesla roadster with two great vendors, or it could be the mud-covered SUV with a bunch of buddies all saying they work together just fine (and the driver is wearing really dark shades.) Due diligence in contracting pays off, and lack of diligence can really sting you later. Vendors, please make it clear. You know best what is going on. Put it right out there. In 2006 I lived in UK for 1 year working for a company called Cerner, I still remember a situation where an executive at a monster hospital chain felt something had been "snuck in." In reality it was not, but the impression stuck hard and fast in this executive's mind and we had to face extra scrutiny for several years to follow. Kind of like a dog that gets whacked by something at one of those birthday parties where twenty kids are running around screaming and things get zany and someone hands a whiffle ball bat to the kids for the piñata. Anyway, the dog gets whacked (accidentally, of course) and never forgets the kid that did it. Don't be the kid with the bat! Tangential issue: get a warranty that states no other software is required, from your prime vendor or any other vendor, for operation of the software products being licensed. If other software is required but not included, require a listing in the agreement of all such products. Failure of your prime vendor to include something on this list should mean the vendor has to pony up and pay for it. That will bring all the fine details right to the top. Finally, once you get everything above all set, make sure that all your hard work does not blow away in the wind because a vendor subcontracts work or assigns the agreement to another vendor. Include provisions prohibiting assignment or subcontracting without the customer's agreement. That way you know what you are getting, from whom you are getting it, and that things will stay that way unless you agree otherwise. Please take care in your interpretation of this article. I have been involved in countless good situations involving multiple vendors and very happy customers. When the provider does get a good prime vendor that truly takes on its role, you win. No question it works well in the right situations. My point is to be diligent and try to avoid bad situations by at least having good contract language on your side. The combination of a poorly performing vendor and weak or lousy contractual support will really ruin your day. Big takeaways: * Contract language, warranties, and obligations should be consistent as applied to all products and vendors involved, even if designated to a prime vendor. Watch for disconnects in supporting language. * The contract should map out clearly the support chain and obligations of the vendors involved, again, even if designated to a prime vendor. * Require listing all software required for operation of the products being licensed and obligation for the vendor to provide whatever they failed to list. * Prohibit assignment and subcontracting by the vendors without your consent. Just two cents! Titus Ngeno ________________________________ The information contained in this message may be CONFIDENTIAL and is for the intended addressee only. Any unauthorized use, dissemination of the information, or copying of this message is prohibited. If you are not the intended addressee, please notify the sender immediately and delete this message.

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