We flexibly and discreetly support your time-critical and sensitive M&A transactions – whether Buy-Side or Sell-Side

  • We have short, reliable delivery times and handle the process efficiently at a fixed price.
  • You receive comprehensive analysis reports with measures to eliminate license conflicts and license problems. 
  • Included is a bill of materials (BOM) containing information about the free and open source software used and the license conditions that apply.
  • With our risk analysis, problematic components can be identified and, if necessary, parts of the code can be deleted or replaced.
  • With each analysis report, you receive a list of publicly known security vulnerabilities (CVEs) exposed by the free and open source software used.

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Why an Open Source Software Analysis must be an integral Part of an M&A Transaction 

Free and Open Source Software has become an indispensable part of most companies, be it in IT infrastructure or software development. Therefore, its legally compliant use is of great importance in M&A transactions. 

On the buyer's side, there is an interest in receiving detailed information whether the company being sold has acted in a legally compliant manner not only with regard to the use of commercially licensed software, but also with regard to the use of free and open source software.

Free and Open Source Software licenses can contain problematic obligations that have far-reaching consequences:

Business model invalidation
No license fees can be charged for the product.

 

Software IP invalidation
Source code of the whole product must be published as Open Source.

 

Business case invalidation
High remediation costs; sometimes re-develop from scratch.

 

With a BearingPoint open source analysis, you gain full transparency on specific risks and ensure the success and sustainability of your transaction.

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