The SELECT Program Agreement is our primary license agreement that defines the legal parameters of how accounts can use our software and services and what they are entitled to from Bentley. Although the agreement is titled the SELECT Program Agreement, it also has been a prerequisite for other license programs, including Enterprise 365 (E365) and Enterprise 365 Public Sector (EPS or EPS-365).

In addition to an update to content, we’re streamlining the contracting process in line with both industry best practices and our current enterprise licensing programs. Further details on the contract process change are provided in the question below.

Contract Structure: The current SELECT Program Agreement is a platform, or framework, with exhibits that cover specific program terms or subject matter areas. The new structure includes three separate agreements, applicable to each of our commercial programs (SELECT, E365, EPS); accounts will execute a separate, standalone agreement specific to the commercial program to which they subscribe. Accounts will now be agreeing to terms relevant only to the specific commercial program to which they are subscribing. For more on how the new structure compares with the previous SELECT Program Agreement, see the Framework Changes section below.  

Contract Update: The last update to the agreement was in 2014, so it was due for a refresh. To assist with the review process, we will have a redline version for contract managers, account procurement staff, and anyone else who needs a detailed look at what has changed and why.

With this streamlined execution process, we can avoid some steps. Accounts will receive an Offering Document that includes a URL. The account can follow that link and can access not only the contract terms, but also guidance notes explaining the new contract structure and the differences between the old and new agreements. By adopting our standard terms and conditions, accounts can unilaterally complete the contracting process just by returning a signed Offering Document to Bentley. For many accounts, this should speed up transactions (on the contract side of things) considerably.

CSS is not changing, but the CSS terms and conditions are now embedded in the SELECT and E365 contracts. E365 fees MUST be funded via CSS, so those terms will always be relevant to E365 subscriptions. Only certain offerings (e.g., PWDI) under SELECT require CSS funding, so those terms will only be relevant to subscribers when/if they use CSS Eligible Services.

Existing subscribers will notice that the substantive content of the new contract framework is very similar to the 2014 SELECT Program Agreement, a marked-up version of which is available here.

Our new contract structure is organized around our Commercial Program Offerings, including Enterprise 365, Enterprise 365 Public Sector, and the SELECT Program itself, with a standalone, comprehensive contract governing each Commercial Program Offering. As such, the content of each contract will vary depending upon which Commercial Program is being offered. However, there are many contract sections that will apply to all Commercial Program Offering agreements (see italicized sections of Table 1).

New terms will go into effect as of Jan 1, 2023, and subscribers will be transitioned to the new terms and conditions upon subscription renewal, or upon entering into a new Commercial Program/Product Offering.