Frequently Asked Questions About Agreement Refresh 2009

Can Volume Licensing customers with agreements other than the Services Provider License Agreement (SPLA) self-host?

Yes. Customers can host their intellectual property (IP) through traditional Volume Licensing programs. Note that you must have External Connectors (or per-processor licensing for Microsoft SQL Server database software) and Microsoft Software Assurance for those hosted products.

How will this change be made?

This change will be made in the Product Use Rights (PUR) and is available beginning with the October PUR.

Are all products available for self-hosting through traditional Volume Licensing agreements?

The October PUR lists any products that are available for self-hosting.

When is an SPLA required?

Customers must have an SPLA when they do not own the IP that they are self-hosting.

Is an SPLA still an option for self-hosted ISVs?

Yes. Self-hosted ISVs can still use an SPLA.

Will Microsoft partners migrating from an SPLA to self-hosted ISVs receive credit for any cost difference?

No. Because SPLAs are licensed on a subscription pay-as-you-go basis, you do not own the licenses and therefore will not receive credit for any cost differences.

What is the change to the 30-day grace period?

The 30-day grace period was removed from the agreement. This means that Software Assurance must be renewed before the expiration of the enrollment.

Why was this change made?

By ensuring that Software Assurance is renewed before the expiration of the enrollment, you will not have a lapse in your Software Assurance benefits.

Which customers are affected by this change?

Customers who sign new 2009 version agreements for EA, EAS, Select Plus, Select License, OV, and OVS for commercial, government, and academic programs are affected by this change. Exception: Open License will continue to provide 90-day notice.

Which customers are not affected by this change?

Customers who have current agreements are not affected by this change. In addition, customers in the Open License, Open License for Government, Open License for Academic, and Campus and School Agreement (CASA) programs are not affected.

What is changing on the Change of Channel Partner form?

The time between the date you sign the Change of Channel Partner (COCP) and the day the COCP takes effect will increase from 30 to 90 days.

Why was this change made?

This allows for enough time to process the increasing volume of COCP requests initiated.

Who is affected?

New 2009 agreements for Select License, Select Plus, Open Value, Open Value Subscription, Enterprise Agreement, and Enterprise Subscription Agreement for commercial, government, and academic programs are affected.

Are there additional changes to the rules or processes?

No. All other rules and processes remain unchanged.

What changes were made to the Enterprise Agreement (EA) and Enterprise Subscription Agreement (EAS) agreements?

The following changes were made to the EA and EAS agreements:

• Changed the Qualified Desktop and Qualified User definitions

• Removed the 30-day grace period

• EAS now includes price protection for the buy-out price

• Included Virtual Enterprise Centralized Desktop (VECD) in Enterprise Products

Who do these changes affect?

The agreement changes affect the 2009 agreements. For 2009 enrollments, the changes affect new enrollments, regardless of the agreement version. The enrollment changes include the change of channel partner notice.

What changed in the Qualified Desktop definition?

In the Qualified Desktop definition, the "line-of-business (LOB) devices" changed to "industry devices." This change provides a clear definition of what was previously referred to as a line-of-business device and makes it easier for customers to delineate devices they should count as a qualified desktop.

Additionally, we added thin clients accessing a virtual desktop infrastructure to the definition. Customers can now obtain Enterprise Products and platform pricing for thin clients using desktop virtualization, specifically the Virtual Enterprise Centralized Desktop (VECD).

Does this mean I need to count all devices with embedded operating systems (for example, thin clients) as a qualified desktop PC?

No. The only devices that you must include are those devices that access a virtual desktop infrastructure.

What changed in the Qualified User definition?

Users who are only accessing services or online services with BPOS Deskless will no longer have to be counted as a Qualified User. Refer to the product list for a full list of exclusions.

What changed in the buy-out section for EAS?

The 1.75 pricing multiplier was removed from the EAS. With this change, price protection was added for buy-outs so that you will know the buy-out price when you initially purchase the subscription license.

Which customers does this apply to?

This applies to customers who sign a 2009 agreement.

Can an existing EAS customer get price protection on the buy-out?

Please work with your partner or Microsoft Account Manager.

What changes were made to the Enterprise Products selection?

VECD was added as a Windows option, and customers can select VECD for Software Assurance to complement the Windows Desktop Operating System selection.

What is the difference between VECD and VECD for Software Assurance?

Windows VECD is a version of the Windows operating system that can help medium and large size organizations deploy Windows using virtualization technology in a network-centralized deployment architecture.

It is a license that can help customers acquire virtual copies of Windows. Windows VECD is a device-based subscription, which means the total number of licenses is equal to the total number of devices that access the virtual environment.

VECD has the following two versions:

• VECD for Software Assurance: Designed for devices that already have Software Assurance with their desktop PC operating system upgrade

• VECD: Designed for all other devices (for example, thin clients)

For the Enterprise Agreement, VECD is a required Windows license for Qualified Desktops, which are devices that have embedded operating systems that access a virtual desktop infrastructure. VECD for Software Assurance is a license for Qualified Desktops with the Windows operating system upgrade that access a virtual desktop infrastructure.

What changes were made to the Select Plus agreement?

The following changes were made to the Select Plus agreement:

• Aligned it to other Volume Licensing programs, including the effective date, and what registered affiliates are licensed to run

• Updated the Affiliate Registration Form to clarify language and align to other Volume Licensing programs

• Updated the Select Plus Termination Form to allow use with multiple affiliates

Were additional changes made to the Select Plus for Academic Agreement?

Yes. The Select Plus for Academic Agreement was updated to reflect that no price levels are in academic.

What changes were made to the Select License agreement?

The agreement was updated to clarify language and align to other Volume Licensing programs.

Were additional changes made to the Select License for Academic Agreement?

Yes. The language was clarified to reflect that customers can order only through an authorized reseller.

What key changes were made to the Open Programs?

The following changes were made to the Open Programs agreements:

• Clarified language about the defined region

• Removed the 30-day grace period (Open Value [OV]/Open Value Subscription [OVS] only)

• Incorporated Open License rental rights

• Open Value Subscription now includes price protection for the buy-out price

• Aligned to other Volume Licensing programs, including the section defining the Customers Affiliate organizations that are included or excluded from an organization-wide agreement

When will these changes take effect?

These changes will be effective December 1, 2009.

Does the 30-day grace period apply to all Open Programs?

The 30-day grace period was removed from Open Value and Open Value Subscription. For Open License, the grace period remains the same as it is today (90 days).

What changed in the buy-out section of the Open Value Subscription agreement?

The 1.75 pricing multiplier was removed from OVS. With this change, price protection was added for buy-outs so that you will know the buy-out price when you initially purchase the subscription license.

Which customers does this apply to?

This applies to customers who sign a 2009 agreement.

What was the purpose for changing the buy-out language in the OVS agreement?

Because price protection was added to the buy-out, you have the same guarantees and even more specific pricing for the buy-out than in the previous clauses.

What rental rights changes were made to Open License?

The rental rights language was modified to say that it is restricted except when approved in the PUR, instead of strictly prohibiting it.

Were additional changes made to the Open Value for Government Agreement?

Yes. The language was clarified for "affiliate" and "eligible entity" definitions per United States government requirements.

What changes were made to the Services Provider License Agreement (SPLA)?

The following changes were made to the SPLA:

• Rental rights are now available through an amendment.

• Prior version rights (downgrade rights) were made available to SPLA partners in July. Additional language was added to the agreement for clarity.

• Updated text on the pricing, invoices, rebates, and payment terms sections (for direct partners only).

• Clarified language and alignment throughout the agreement.

Was there a change made to rental rights, and if so, why?

Yes. Rental rights were removed from the agreement, and they will now be available through an amendment. Because most SPLA partners do not take advantage of this benefit, by making this change, we have simplified the agreement.

Do existing SPLA partners have to sign a new 2009 agreement to take advantage of prior version rights?

No. The language that was added to the agreement clarifies the rights that were added to the Services Provider Use Rights (SPUR) in July. These rights apply to all SPLA partners.