To be honest, I'm getting sick and fucking tired of butting heads with Susan Bradley over her loose interpretation of the MAPS EULA. MAPS is for *internal* use only - not to be used with our clients, our customers, our friends, our brothers, sisters or great grand parents, our dogs or cats, not for emergencies nor because we don't agree with the restrictions in the EULA - and this is and always has been clear in intent and wording in the EULA. This goes for both the media and the licenses for use of the applications on the media.
So, in another attempt to get the message across to those who don't want to comply with the MAPS agreement, here's what I received from MS Licensing Australia earlier today on this same point, and in particular about someone using their MAPS SCVMM License for managing their clients' virtual environments that is hosted in the reseller/paretner's data center:
I just had a chat to the Partner Regional Service Center and they confirmed that updates to the program have rolled out circa May 2009. It seems much of what we had previously referenced in the initiative addendum now is simply a part of, and subject to, the terms of the Microsoft Partner Programme Agreement, see here. In any case, I believe the update has made things substantially clearer than ever before, please see the following excerpt:
4.5 Software Benefits.
a. Company’s right to use Microsoft software offered to Company under the Program may be governed by a separate agreement or other use terms for the applicable software. IN THE EVENT OF A CONFLICT BETWEEN THIS SECTION 4.5 AND ANY SEPARATE AGREEMENT OR OTHER USE TERMS FOR THE APPLICABLE SOFTWARE, THE TERMS AND CONDITIONS OF THIS SECTION 4.5 WILL CONTROL.
b. Company must not engage, or participate with any third party, in the unauthorized manufacture, duplication, delivery, transfer or use of counterfeit, pirated, unlicensed or illegal software or other Microsoft Materials and Company must not otherwise infringe any of Microsoft’s intellectual property rights. Company must reasonably cooperate with Microsoft and its affiliates in the investigation of counterfeit, pirated, unlicensed or illegal software and other Microsoft materials. As soon as Company becomes aware, Company must report to Microsoft any suspected counterfeiting, piracy or other copyright infringement in computer programs, manuals, course material, marketing materials or other copyrighted materials owned by Microsoft and/or its licensors.
c. The software licenses that Company receives under the Program may not be resold, transferred, or used except as expressly provided in this Agreement (see the Program Guide and Program Website for more details). Company must acquire a sufficient number of Microsoft software licenses through the Program and/or applicable Microsoft licensing programs to match (1) the quantities of the Microsoft software Company uses and (2) the maximum number of users and/or devices that may access or use the Microsoft software under Company’s agreements with Microsoft or a reseller. In addition, Microsoft may collect data from the Windows Genuine Advantage, Office Genuine Advantage and other similar programs to ensure that Company does not use or activate more software than authorized by this Agreement (see the Program Guide for more details). As detailed in Section 7, Verifying Compliance, of this Agreement, Microsoft may conduct audits to ensure Company’s compliance with all terms of this Agreement. To ensure compliance with this subsection, Microsoft may also (i) otherwise contact Company and (ii) take action to ensure that Company does not use more software than authorized by this Agreement.
d. The benefits Company receives under the Program, including software, are not intended for distribution to Company’s customers. Company’s customers must acquire a sufficient number of Microsoft licenses to match (a) the quantities of the licensed software Company may provide to its customers under a separate agreement, and (b) the maximum number of users and/or devices that may access or use the licensed software under the customer’s license agreement with Company or Microsoft. Company will inform Microsoft (1) of any known or suspected failure by a customer to possess sufficient numbers of Microsoft licenses, and (2) any known or suspected violations by a customer of any Microsoft license agreement.
e. Any software licenses that Company receives under the Program will be valid for the Term of this Agreement only.
Alternatively, the reference you may opt to use for simplicity is available from: https://partner.microsoft.com/Australia/40016470#licen, see:
Action Pack software is not provided for personal use, for hosting customer applications, or for installation at a customer site. It cannot be used, for example, to host a commercial website; this is considered a production environment outside the scope of the software's intended purpose.
As per either reference above, I believe it is now almost extremely clear that the software available through MAPS is only to be used by the Company. Unfortunately we do not have the ability to approve the use of MAPS license or even just the software obtained under MAPS for the use of a Company’s customer - they should look to separately license and fulfill their software requirement by their own means. It’s also worth noting that in section 4.5. b. the condition notes essentially state the Company must be responsible to keep the software available to them strictly under their own control, not to participate with a third party, and report to Microsoft any infringements. To disregard these rules is to risk breaching the agreement that governs the Company’s rights to the software to begin with.
So, I don't know how to make it any clearer. MAPS is for INTERNAL use only - you cannot use its licenses, its media or any other part of it for anything other than internal use. OK, except maybe for a coaster! :)
And yes, this change from this material in an Addendum to being in the Agreement proper is partly because of my discussion with Microsoft over MAPS usage rights in the past and asking them to put this in plain, simple English. Even plainer and simpler than it was before, which was pretty plain and simple!
Regards,
The Outspoken Wookie
