What is going on?

Trimble have changed their licensing model. Looks like they’re shilling a subscription model instead.

“But if I have already paid for a PERMANENT license, why should I switch?”

Hopefully, this article will present a different view, which may help you decide.

Is Tekla’s New Licensing Model Going to Help or Hurt You?

If you’re a small detailing shop, an initial $25,000 up-front investment per license, is a significant outlay.

But here’s the problem: anyone today can pick up a Tekla license for about $500 / month compared to the $25,000 you previously sunk. To get started on a legitimate license, you now only need 2% of the outlay that was initially required. Now you’re competing not only against pirates, but against legit guys, both of whom have a significantly lower cost base than you. How you gonna compete with that?

It’s probably already hurting you, but let’s scrutinise the devil in the details - Trimble’s EULA.

Watch Out: Named User

Let’s review the EULA:

So called User License means that the User must (i) be identified by a unique user identification, the Trimble ID and (ii) be an individual, not a group associated with a generic login. The User must log in using his/her Trimble ID to access the Software, and no one else may access the Software using the same Trimble ID at the same time.

So you had a permanent license that anyone can use in your office. But when you switch: you have to name your user. So let’s say you converted your permanent license to a “Named User” and have nominated “Freddie”, and in 6-months, Freddie decides to leave your firm. Now what? You’re at Trimble’s mercy:

No problem, we’ll let you transfer up to 4-5 times a year, says Trimble to us.

Where does it say that in the EULA or on the Order Form? That policy could change whenever it’s convenient for them, right? Just like how Trimble’s now changing its current licensing strategy. Who knows, tomorrow they might similarly say:

I’m sorry, you’re not allowed to change users…..

You can imagine a Trimble spokesman, much like a disingenuous politician, announcing:

Our customers are our #1 priority. We would certainly not prejudice customers by changing our transfer policy.

……sure, Trimble, I believe you ;)

You will have given up a “permanent license” you paid $25,000 for, and in return you will have obtained a “named user” license, with an implicit promise that Trimble won’t change its reassignment policies, even though it would be immensely profitable for them to do? Yeah, I”m not buying that.

However, there is provision in the EULA for re-assignment:

Re-assignment: the User License can be reassigned (during the License Term) to another User depending on the Tier as applicable, and as specified in the Order Form and/or in the Documentation

If you’re sloppy with the Order Form, and if you don’t specify re-assignment, then you won’t be allowed to re-assign. And even then - even if you are allowed to re-assign, then you must beg Trimble’s permission in order to do this. Can you trust Trimble’s Authorised Rep to up-hold his end of the bargain. And getting technical support from Trimble is not easy. See below for an example of the types of problems one might face (re: getting delivery of a license - in that case, it was an “emergency” license).

Consider further aspects of the EULA:

Watch Out: Difference license terms for different people

If you have an independent contractor, are you allowed to give them access to your licenses? It’s your license, so you can give it to whomever you want, right?

Well it depends on which license you have. If you have the wrong license, and you give them access: BOOM! Trimble will capture you with their spyware technology and hold you up for ransom - you mean, nasty pirate.

Watch Out: The Order Form

Constant reference is made to it in the EULA. This is typical:

The Order Form may also specify additional terms and conditions applicable to Your License to the Software

Carefully scruitinize it for any shenanigans.

Even worse are its implicit agreements.:

If the License Type is not specified in the Order Form, the License Type shall be User License, Standard (as defined below).

So if you think you are buying a flex or worldwide license, because your Authorised Dealer said so, then make sure it’s explicitly written in the “Order Form”. If not, the EULA says you are buying a “User” license. And once you’ve handed over the money, then it’s gonna be a headache, trying to get it back.

Watch Out: Can’t Transfer, or Sell your license

Trimble hereby grants You a non-exclusive, non-assignable, non-transferable (except to the extent as may be permitted by the License Parameters) and non-sublicensble License…

We have a colleague of ours in Dubai: he purchased 32 licenses to work on FIFA’s World Cup football stadiums in Qatar. These were permanent licenses, by the way. He can’t now sell those licenses. He can only sell the holding company. It’s a small detail, that can significantly hamper if you, if your operations grow.

Watch out: Spyware Added

You acknowledge and agree that Trimble monitors Your and Your Authorized Affiliates’ usage of the Software for reporting, compatibility and invoicing purposes. You acknowledge and agree that Trimble may share the usage reports with its Authorized Distributors and that the usage reports shall constitute conclusive and binding evidence of Your use of the Software. Configuration of Licenses by You that is not in accordance with instructions provided with the Software, or that is otherwise erroneous or not appropriate for Your use, shall not relieve You from payment of License Fees in accordance with the usage reports.

In other words, sounds like Trimble have essentially added spy-ware software on your computer. If you want to limit this, then you will have to configure your firewall to block outgoing Trimble traffic.

Watch out: Unilateral Changes to the Contract

4.7 This EULA supersedes all prior License agreements…Trimble reserves the right to update and change this EULA…Trimble may also launch a Main Release under an updated EULA. Your payment of the fees and/or renewal of Your subscription(s) – following Your Authorized Distributor’s notice of changes to the EULA – shall be deemed to constitute Your acceptance of such changes to the Agreement.

Did you catch that? Trimble can change it’s contract at will. They’ll slip something into the EULA (which most of you will never read) and then they could upgrade to a new Main Release, and if you should pay your dues: BOOM! You’ve been had. Of course, if you disagree with it, then:

You may terminate the Agreement as set out under Clause 12 below.

But how are you gonna do that? You’ve built your business on Trimble. It’s not easy to walk away.

Watch out: the fees are not really fixed

When you sign a contract, the terms and price should be stipulated, and fixed. In this case, it’s not. Where is the price specified? Oops, that’s in the “order form”:

Recurring subscription, and thus the Agreement, shall automatically renew on the date following the Initial Term (“Renewal Date”), or at each anniversary of the Renewal Date, for an additional twelve (12) months period on then current fees for such renewals (the Initial Term and any renewal period are collectively referred to as “Term”), unless terminated as stated in Clause12.

And on the order form, are the prices and terms fixed for all time?

Watch out: You Can’t Develop on Trimble’s Open API without a Partner License

Another scam: Trimble want to outsource their R&D efforts. Rather than consulting clients and extracting innovative ideas based on their suggestions, and undertaking the costly iteration/improvement process: it’s much easier to steal them and to charge developers for the privilege. Little wonder then why the universe in Trimble’s third party applications are so pathetically abysmal. I certainly won’t be developing on it. Though I have insansely useful ideas - some of which I’ve developed for internal use only. If you develop a successful concept, then Trimble can buy the concept at a price they specify, or they otherwise can steal the idea, because they have the resources to replicate the functionality. So if you are a third party developer, and want to develop on the Open API platform - think twice: why bother?

Dealing with Trimble: What a nightmare!

You never want to be reliant on Trimble for anything:

(Details redacted to protect the Identities).

A license was bought. It was not delivered until two months later. Imagine spending $80,000 on these licenses, and then waiting two months for delivery? And in the mean time, how are you meant to run your business? You’ll have to beg for an emergency license. And even then, it’s a massive headache - the delivery time was deplorable, in the above case. It’s a nightmare dealing with Trimble. They’ll hold you up at every turn, given the opportunity.

Summary

The entire contract is opaque, and is designed to shaft you - to prejudice your interests in favour of Trimble’s. They’ve been worded by a slick Harvard / Oxford lawyer. And the house always wins. You’re basically signing an open-ended contract. Trimble can change it at will: they can change their fees. They can change the terms. And there’s not much you can do about it. i.e. Once you’re ind bed with them, you’re stuck.

The Advantages of Subscriptions?

The one advantage is that your subscriptions can be managed in the cloud.

No big deal. You can do that too:

What’s the Solution?

• Keep your licenses. Don’t switch. Trimble are not only ripping you off and making you uncompetitive, but are openly mocking you with this policy change.
• If you have people working from home, then you need to enable them to get access to your license via a VPN connection. Or if you don’t want the hassle of setting up physical license servers, you can easily do so on Amazon Web services (or Azure). More info on how to set up Tekla Licenses on AWS via VPN can be found here - and yes - it’s freely available. Join the resistance and resist the tyranny of the galactic empire.