RSS

Tag Archives: License Mobility

Yikes…how to move from one cloud to the next.

The latest buzz word in this crazy IT world in which we live is not “Cloud” it’s “Hybrid Cloud”.   Even the definition of hybrid cloud has evolved throughout its short existence. Having a mix of on premise workloads and cloud workloads has transformed into having workloads spread throughout different cloud vendors as well.  “Cloud Sprawl” is born and guessing is here to stay.

In this article, we will review how the licensing works to move a customer’s workload from one cloud to another; customer’s owned licenses back to on premise; and customers on premise licenses back to your cloud.  As the title of this article states..Yikes!

Moving away from your cloud to another cloud

So, your sales rep “accidentally” promised the world to your customer that he/she could not deliver.  Unfortunately, they now want to move to another provider.  First thing to do is fire the sales rep.  Second thing to do is read your SPLA agreement.

When you sign a SPLA agreement (or any Microsoft agreement) your license keys are your license keys.   The data is not yours, but the keys are (at least while you have an active agreement – remember, SPLA is non-perpetual license). License keys are not to be transferred, resold, etc. over to another datacenter provider.   Where does it say that?

In section 6C, page 5, of the 2017 SPLA Indirect Agreement “Copying and distribution of Products and Software documentation” states: “customer may distribute original media or software contains products only to outsourcing company and affiliates.”  Another cloud provider is not your affiliate or outsourcing company, they are your competitor.  The section continues: “Customer may distribute original media or software containing client software and/or redistribution software to its end users.”

What that statement is saying is the service provider can provide the image to their client but not to another service provider.  If they do this, Microsoft requires the license keys to be removed first.  Remember, your keys are your keys, not theirs. As mentioned, the data is not yours either.  An end customer has the right to transfer their data from your datacenter to another provider.  You can also transfer the media to your customer, but not to another service provider as the statement suggests.

Over the years, the transfer of data, transferring images, and using outsourcing companies has made it difficult to track which media/keys belong to which company.  My recommendation is to have language in your agreement that is like the one in your SPLA to protect you.  Is this a gray area?  Absolutely.  My other recommendation is that no matter which keys belong to which organization – be sure to license the environment correctly; in the end, that’s the most important part.

Customer’s owned licenses back to on premise 

The same sales rep screwed up again.  They promised the customer that by moving to your cloud environment they would never be audited again.  Guess what?   They got audited.  Now they are upset and want to move back to on premise.  How does the licensing work?

In this situation, let’s assume the customer is moving workloads that have software assurance (SA) and are using license mobility. (even if they didn’t, same rules would apply.  I just like using license mobility because it’s more common).   Whenever an end customer transfers their own licenses (not SPLA) it’s important to read the Product Terms, not just the SPUR.  The Product Terms is for volume licensing, which applies to customer owned licenses.  The SPUR, as we all know is for SPLA.  Two different programs, two different use rights.

Page 84 (good Lord this is a massive document) of the 2017 Product Terms states “Customer (your end customer) may move its licensed software from shared servers (license mobility) back to its Licensed Servers or to another party’s shared servers, but not on a short-term basis (not within 90 days of the last assignment).

When you buy a license through volume licensing (VL), you assign that license to a server.  That’s one of the reasons you cannot mix SPLA and VL on the same server (different use rights).  When you assign that server to a different server farm (another datacenter provider) that server license cannot move within 90 days of assignment.  If your end customer gets upset and demands you transfer their licenses back to their premise, you can pull out this little blurb in the Product Terms.  I would recommend having language in your agreement that states the same.

You might be wondering – “isn’t the benefit of Software Assurance the ability to move workloads freely without worrying about the 90-day rule?”  That’s true and I’m glad you brought that up.  If it’s within the same server farm, workloads can move freely.  Pay attention to page 84 of the Product Terms as well as the definition of a server farm.

One of the best lines in the Product Terms happens to be on the same page (84).  “Customer (again, customer in this example is your end customer) agrees that it will be responsible for third-parties’ actions about software deployed and managed on its behalf” I would definitely include that statement with your customers.

Moving back to your cloud

You gave your sales rep an ultimatum, win the customer back or lose your job!  Your sales rep won the customer back.  Now your customer can move back to your cloud, but make sure you follow the license mobility use rights as mentioned above.  Remember the 90 day rule.  Once a customer assigns a license back to their premise, they have to wait 90 days to move it back.  Secondly, if they do not have SA, you must dedicate the entire infrastructure for your customer.  Dedicated means the hardware used to support the solution.

The moral of this story?  Make sure you have a good sales rep!  Secondly, read the SPUR, Product Terms, SPLALicensing.com, and have language written in your agreement to protect yourself.  Lots of talk about moving to the cloud, moving away from it is just as important.

Thanks for reading,

SPLA Man

 

 

 

 

 
Leave a comment

Posted by on August 3, 2017 in Compliance

 

Tags: , , , , , , , , , , , , , , , , , , , , , , , , ,

More insight into the new Qualified Multitenant Program for CSP and SPLA

Over the course of the past week in a half, a lot of misleading information came about as a result of Microsoft’s announcement of the new QMH program for hosting providers.  In this article, I will try to set the record straight and answer questions you may have.  Keep in mind, this is still developing, and the addendum is not available yet.  Please use this article as a general understanding, not a replacement for the Microsoft terms and conditions.  More information to come!  You can always email at info@splalicensing.com as well.

How do you I grasp QMH in the simplest terms possible for my sellers?

Shared Computer Activation has been out for a long time, if your sellers understand SCA, QMH works in a very similar way.

Similarities to SCA 

  • Must be under SPLA to qualify and have the addendum
  • Must be CSP Direct authorized – check out qualifications and SCA here
  • Do not have to purchase Windows 10 directly from the hoster (the CSP Direct partner) they can purchase Windows 10 E3/E5 from other CSP partners but host it from your datacenter (as long as you are QMH authorized)
  • Install on up to 5 devices.

Is SCA replaced with QMH?

Yes.

If I’m SCA authorized, am I automatically authorzied for QMH?

Yes/No.  You will need to update your landing page and you will need to sign the new addendum.  You will already be CSP Direct authorized if you are SCA authorized, it makes it a lot easier to transition.

Do I have to sell Office 365 with Windows 10?

No.  You can sell Windows 10 as a standalone product.

Can I still offer Windows/RDS for SPLA?

Yes.  Windows and RDS in SPLA is still available.  I would make it clear to the customer that you are not offering full Windows desktop but Windows Server.  I always liked Windows Server + RDS.  Shared environments, unlimited virtualization, etc. etc.

How does the activation and the licensing work? 

The base license for Windows 10 Enterprise is Windows 10 Pro.  It’s per user licensing, but the underlying qualified device needs Windows Pro.  The Windows 10 Enterprise features/bits is included with the Windows 10 Pro installation.  In other words, you install Windows 10 Pro, the Enterprise features are automatically turned off.  When your end customer subscribes to Windows 10 Enterprise E3/E5, those features will turn on.  When they unsubscribe, you guessed it – they are automatically turned off and the user goes back to Windows 10 Pro.  Check out this post from the Microsoft team Windows 10 Enterprise E3 in CSP

What happens if I work in a hospital with a dummy terminal that has no underlying/qualified OS.  Are you saying I must buy a Windows Pro license even if I don’t need it?

No.  You can buy Windows 10 Enterprise with VDA.  (Virtual Desktop Access), it provides a user access to a VDI session on a device that cannot run a qualified OS.  If an end-user has a dummy terminal, that user can still access a virtual desktop through VDA.

Can I just sell the customer Windows 10 E3 without virtualization rights?  They don’t need a virtual desktop.  

Yes.  Windows 10 E3 can be purchased with or without VDI rights (with is more expensive than without).  If they have Windows E5 the virtual rights are included but that doesn’t mean they have to install it virtually.

What happens if I use Azure as my datacenter provider?  Do I still need the addendum?

You do not need to be QMH authorized to use Azure.  QMH just provides you the ability to host Windows 10 E3/E5 in a shared environment from your datacenter.

When is this available?

August 1, 2017 for Azure.  September 1, 2017 for third-party hosting providers.

I am sure you have more questions.  I am always looking to learn more and learn your specific scenario.  If you do have a specific question, let me know and I can update this post accordingly.  It’s also worth mentioning that this program isn’t available yet.  I am sure there will be more information and updates as we move along.

Other articles of interest

Windows BlogWindows virtualization rights coming to CSP…

ZDnet – Microsoft’ plan to move more small-business users to Windows 10…

Thanks for reading,

SPLA Man

 

 

 

 
Leave a comment

Posted by on July 26, 2017 in VDI

 

Tags: , , , , , , , , , , , , , , , , , , , ,

Why you need a plan B, C, D, and E.

The title seems obvious, if you are an entrepreneur, you should always be thinking about what’s next.  I read/follow Richard Branson, who wrote an article recently on focusing on the future, check it out here.  It’s all about looking forward to what’s next and dreaming big.  Very few organizations are as diversified as Virgin.  In a way, it might be too diversified, but the point is he does not settle for the status quo, if he doesn’t like it, he changes it.  Think of all the different industries under his portfolio: Entertainment, health, financial, technology, travel, and many more.  The company started out in the music industry!

What does this have to do with SPLA licensing?  Over the past week alone, how many different programs and licensing nuances did I write about? (too many to count). Those changes only had to do with Microsoft!  Think of all the other changes going on in the industry including security, data and backup, and development.   If you do not have a plan in place or to adapt change, you might be left in the dust.

In SPLA, way too many organizations report the exact same thing each month.  They even report the same quantities!  They have a few loyal customers in which their hosting business depends on.  My question to them –  What happens if the loyal customer is not so loyal?   If you are hosting, you have everyone and their brother trying to convince your customer to move to their cloud.  If you are a managed service provider, forget about it.  Not only are hosters your competition, everyone in the industry is your competition.  What are you going to do to stand out?

This blog is about licensing, and I like to think there are ways to be creative with your SPLA usage to diversify your business.  Don’t just report the same thing each month and not give it a second thought.  There are always ways to reduce or optimize what you license.  In a way, licensing can help expand your offering.  SAL for SA, as an example, can help build your DR business and lower your SPLA costs.  Check out my article here  Windows Datacenter, allows unlimited VM’s which can help build your IaaS platform.  Azure Stack, can help bring an Azure type offering from your own datacenter.   Qualified Hosting Addendum, will allow you to offer VDI from a shared environment.  My point being, don’t just settle for the same old usage report each month.  Licensing is a big headache even for a guy who spends his free time writing about it, but that doesn’t mean you cannot learn to leverage licensing to your own advantage.  If you understand the licensing, you can start to look at ways to really get creative and expand your offering.   I’ll go back to SAL for SA.  If you did not know about SAL for SA, you would be telling your customers that they cannot leverage their investment in software assurance from both your datacenter and theirs.  You would probably tell them about license mobility which transfers a license over to your datacenter.  That’s a big miss in my opinion.

Learn the licensing, diversify your business, and I promise your loyal customer will remain loyal.

Thanks for reading,

 

SPLA Man

 
Leave a comment

Posted by on July 23, 2017 in In My Opinion

 

Tags: , , , , , , , , , , , , , , , , , , ,

What is a Service Provider?

The year 2017 has brought on A LOT of change for the hosting community.  A hosting company used to be an organization that hosted Exchange – fast forward to today and a service provider takes on a whole new meaning.  In this article, we will take a look at defining a service provider and how it applies to licensing.   Let’s play a little game called “Do they qualify”  Have a question?  Email info@splalicensing.com

An organization that provides or extends  litigation software (that they leased from the publisher) to law firms and other legal entities who are not wholly owned by the organization providing the solution. Does this organization qualify for SPLA?

Yes.  If you are an avid reader of splalciensing.com, you probably read my article on EMR Software The same holds true for any software (not just EMR) that runs on Microsoft technology that you do not own, but lease from a third-party.   Remember “AS”  If you are providing software AS a service that’s hosted from your datacenter environment,  SPLA must be part of the equation.  Why does this solution qualify for SPLA?

#1 they don’t own the software they are hosting

#2 they do not own the organization(s) who are consuming (using) the software for their benefit.

An organization who sells a product on a website to external users –   do they qualify for SPLA?

No.  Although they are selling something to consumers via the internet, the software used to deploy the solution benefits the e-commerce company, not the end-user.   Where SPLA does fit is if the web company decides to host a website on behalf of another organization.  The web company would fall under the SPLA rules.  Who benefits from the access is a key question to ask yourself.  Second question – is the access used to run their business or my own?

An organization who provides SharePoint to end users to share information.  Do they qualify?

No.  Simply sharing information does not qualify.  If the organization was hosting SharePoint on behalf of another organization, that’s SPLA.

A company hosts Exchange on behalf of another organization but does not charge for this access.  Does this qualify for SPLA?

Yes.  Microsoft doesn’t care how much money you make from the solution.  The question remains – are you providing this “as a service” for a third-party?

A company decides to use AWS as their datacenter provider to host an application they use internally.  Do they need SPLA?

No.  In this example, you are the end-user.  AWS has a SPLA to cover all infrastructure products they host on your behalf.  If you were to use AWS as a datacenter provider to host SharePoint to your end customers employees; you would pay AWS for Windows and SQL and report on your SPLA SharePoint SAL licenses.

 

I have 25 Linux machines that I host for my customers.   Do I need SPLA? 

No.  You have 25 Linux machines.  If you had 24 Linux machines and 1 Windows VM, you would have to license the host machine to cover that Windows VM through SPLA.

My reseller told me I didn’t need SPLA because the access qualifies for Self-Hosted.  The auditors told me it does not qualify.  Why?

All software used to deploy the solution has to be self-hosted eligible.  I bet you are running an application that does not qualify as part of your solution.  This would be SPLA.  Secondly, if you did not buy the software with software assurance, that is out of compliant.

Thanks for reading,

SPLA Man

 
Leave a comment

Posted by on July 18, 2017 in Compliance, Uncategorized

 

Tags: , , , , , , , , , , , , , , , , , , , , , , , , , , , ,

Top 5 Compliance Trends for MSP’s and SPLA

There are so many license changes and gotchas with SPLA, Azure, AWS, and all the others that I thought I would highlight for you some of the trends we see when it comes to compliance.

  1. Licensing Office Standard when Office Professional is installed.  In many cases, an IT administrator will inadvertently install Office Pro, report Office Standard to their procurement team who in return reports it to the reseller.  The IT admin will leave the company, and the procurement team continues to report Standard not knowing Pro is installed until audit time.  In this situation, Microsoft will check when Office was installed, and take the delta of what was reported (STD) v. what should be reported (Pro).  Don’t make this mistake.  Many partners are only charging their customers for Standard pricing!
  2. Not reporting SPLA at all.  Sounds silly, but many providers focus on developing software and not on the licensing.  We have found instances in which the procurement manager (who was in charge of reporting SPLA) left the organization and no one else took over their responsibility.   The reseller continues to email the procurement manager but obviously the email goes unnoticed.  After many months, their SPLA will be terminated and all licenses will have to be trued up.  The problem with this scenario is not just unexpected licensing expense, but when your SPLA terminates, you must sign a new one.  When you sign a new SPLA, you must adhere to the latest SPUR use rights.  As an example, if you had a SPLA prior to the Windows core licensing change, you could continue to report processors.  If your SPLA terminates, you would be forced to license by core now instead of later when your previous agreement (that is now terminated) expired.
  3. Using a VL copy of Office to deploy Shared Computer Activation (SCA).   SCA is specific to Office 365.  If you install Office Pro Plus VL, it goes against the product use rights in which Office (without SCA) cannot be installed on shared hardware.  It takes a lot of negotiation power and time to prove you are SCA eligible, the customer purchased Office 365, and you inadvertently installed the wrong product.
  4. Using License Mobility without License Mobility.  This is by far the most popular compliance trend.  Many organizations do not know what is installed in their datacenter when it comes to customer owned licenses.  Be sure to have the right documentation, addendum, and licensing to ensure compliance.
  5. Leasing an application, hosting the application, and purchasing volume licensing agreement to offer software as a service.   A healthcare company may lease an EMR application, host the application to other healthcare organizations, and license the infrastructure through volume licensing.  If your organization does not own the application you are hosting, you must license it through SPLA.  Self-Hosted for ISV is only eligible for providers who develop and own the application.  This means the code, the rights, everything must be owned by the organization.  Leasing the application and using other plugins you may have developed does not qualify.

I hope this provides you a little insight into the world of compliance.  If you find yourself out of compliant, let us know and we can connect you to the right resource.  info@splalicensing.com

Thanks for reading,

SPLA Man

 
Leave a comment

Posted by on July 5, 2017 in Compliance

 

Tags: , , , , , , , , , , , , , , ,

CAL’s, SAL’s and Multiplexing. 101 Licensing for on premise and cloud environments

 

In this article, we will take a closer look at CAL’s and SAL’s…what they are and how to license them.  We will also look at the User Subscription License (USL) for Microsoft Online Services.

Client Access License 

A Client Access License (CAL) provides the right to access a server.  Depending on the environment and product licensed, a CAL can either be a user or a device.   Many resellers, consultants, and even Microsoft, make it a lot more complicated than it needs to be.  The biggest trick to CAL licensing is remembering it is just a “right” not a technical requirement to access the server.  In other words, you can spin up a server, users can access it (in most cases with or without a CAL) and away they go.  Sounds great, but it’s not compliant, and I would argue that is the #1 reason customer’s fall victim to compliance.

SQL is a great example of this.  When I go to my SharePoint site, I pull reports, store information, share information, and perform many other tasks.  What I don’t know is SQL is used in the background to provide access to this information.  Did I log into a SQL Server?  No.  Did I “use” SQL?  Yes.  This is where multiplexing come into play. Multiplexing uses hardware and/or software to pool connections.  The best way to know if a user needs a license (and I’ve said this before) is to ask yourself “If I remove this from my hosted solution would it still work the same as it did prior?” If you answer “no” you need a license.  If your SQL Server is licensed in the Server/CAL model, you’re required to have CALs for any User or Device that accesses that application directly or indirectly. Very few users in an organization have credentials to a SQL Server.  One way to eliminate some of the risk with SQL is to license by core.  Cores allow unlimited number of users to access the server.  If they use the server or not, they are covered.

SAL Licensing

Under SPLA there is a Subscriber Access License (SAL).  SAL’s are licensed by user only (there are very few exceptions such as desktop applications and System Center).  Like a client access license, a SAL license is not concurrent.  This is important, since other vendors are based on concurrent licensing.  SAL is like your cable bill, your provider is going to charge you regardless if you turn your TV on or not, SAL licensing works the same way.  I’ve written about this before but it’s worth repeating – SAL is for any person that HAS access not who does access.  Unlike CAL’s, there is no need to purchase a server license in SPLA.

Online Services

To add a bit more complexity, let’s review Microsoft Online Services.  If you license Exchange Online or an Office 365 Suite, you will purchase a User Subscription License (USL).  A USL provides a user access to the online solution.  Unlike a CAL and like a SAL (that’s a mouthful) you do not need a server license to access the solution if it’s online.  If you want to run anything on premise or in another third-party datacenter, you would require a server license.  In other words, if you have SharePoint Online, the USL license will provide on-premises rights (essentially CALs) in addition to their online rights. This allows for the ability to migrate over time and have hybrid environments without incurring additional cost.  Keep in mind, when you run hybrid, you do require a server license on premise.

Additionally, if you to purchase an online suite (Exchange Online, SharePoint Online, Skype) you can run pieces of the suite on premise. For example, maybe you want to keep SharePoint on-premises but move Exchange to the cloud. An Office 365 Suite includes both online and on-premises rights for each product in the suite, which means you don’t have to pay for the E Suite and then buy Exchange CALs separately.   Just remember the server license!

Summary

It is very important to understand the licensing rules before purchasing any software.  There has and always will be a difference in the way in which technology can be deployed and the way it must be licensed.  Don’t waste money, time, and effort planning a cloud solution without considering the license impact.  I was on a call recently where a customer wanted to leverage their Windows Server with Software Assurance in a shared public cloud.  Unfortunately, Windows is not license mobility eligible.  They worked with a consultant or “expert” who told them one thing, but the rules state otherwise.  Yes, maybe they can take advantage of Windows HUB, but Azure unfortunately was not the right fit.  Pay attention to the license rules, it can save you.  Question?  Email info@splalicensing.com

Thanks for reading,

SPLA Man

 

 

 
6 Comments

Posted by on June 30, 2017 in Office 365, SPLA General

 

Tags: , , , , , , , , , , , , , , , ,

Microsoft Online Services Terms – What you need to pay attention to before signing your Azure agreement

There’s a lot of benefits to moving to Azure, I’ll let your Microsoft account team review them with you.  On this website, we are not that concerned about the benefits, all we care about is the licensing.  In this article, we will review the Microsoft Online Services Terms.

What is the Microsoft Online Services Terms?  First starters, it used to be called Microsoft Online Services Use Rights or MOLSUR for short (or long).   It is now called OST pronounced OAST when speaking to Microsoft.  Basically the OST defines how you may consume online services through Microsoft.  You can download a copy here.  Although your legal team should review the document in its entirety, below are some of the highlights I think you will find relevant and are often overlooked.

License Reassignment 

“Most, but not all, SLs may be reassigned. Except as permitted in this paragraph or in the Online Service-specific Terms, Customer may not reassign an SL on a short-term basis (i.e., within 90 days of the last assignment). Customer may reassign an SL on a short-term basis to cover a user’s absence or the unavailability of a device that is out of service. Reassignment of an SL for any other purpose must be permanent. When Customer reassigns an SL from one device or user to another, Customer must block access and remove any related software from the former device or from the former user’s device.” (April, 2017 OST)

What does this mean?

Most Microsoft products cannot be reassigned on a short-term basis, that’s why Microsoft has the use right called license mobility.  In short, pay attention to which users are assigned a license and if/when they no longer need the service.

Hosting Exception “Customer may create and maintain a Customer Solution and, despite anything to the contrary in Customer’s volume licensing agreement, combine Microsoft Azure Services with Customer Data owned or licensed by Customer or a third party, to create a Customer Solution using the Microsoft Azure Service and the Customer Data together. Customer may permit third parties to access and use the Microsoft Azure Services in connection with the use of that Customer Solution. Customer is responsible for that use and for ensuring that these terms and the terms and conditions of Customer’s volume licensing agreement are met by that use.” (April, 2017)

What does this mean?

It allows you (a service provider) the right to use Azure as a datacenter provider.  The last sentence is very important in the above definition “Customer is responsible for that use and for ensuring that these terms and the terms and conditions of Customer’s volume licensing agreement are met by that use.”  In the above definition,  “customer” is you.  If you use Azure as a datacenter provider, purchase Azure via your own volume licensing agreement, and use SPLA for user based products (e.g. RDS) you must follow the OST, Product Terms, and the SPUR!

Azure Services Limitations

Customer may not “Allow multiple users to directly or indirectly access any Microsoft Azure Service feature that is made available on a per user basis (e.g., Active Directory Premium). Specific reassignment terms applicable to a Microsoft Azure Service feature may be provided in supplemental documentation for that feature.” (April, 2017 OST)

What does this mean?

Sounds similar to a SAL license right? “Directly or Indirectly access any Microsoft Azure Service.”  Although if you are using Azure as your datacenter provider, the likelihood of you consuming user based licensing through Azure is not very high.

Security

I encourage you to read the security measures and policy’s set forth by Microsoft for their online services.  You can read it here.  I included a breakdown of the difference compliance and security certifications below:

Microsoft Online Information Security Policy (as of April, 2017)

Online Service ISO 27001 ISO 27002

Code of Practice

ISO 27018

Code of Practice

SSAE 16 SOC 1 Type II SSAE 16 SOC 2 Type II
Office 365 Services Yes Yes Yes Yes Yes
Microsoft Dynamics 365 Core Services Yes Yes Yes Yes* Yes*
Microsoft Azure Core Services Yes Yes Yes Varies** Varies**
Microsoft Cloud App Security Yes Yes Yes No No
Microsoft Intune Online Services Yes Yes Yes Yes Yes
Microsoft Power BI Services Yes Yes Yes No No

 

Last and certainly not least, I get asked A LOT about language that you should include as a service provider.  I would encourage you to create your own online services terms for your hosted offerings.  Too many providers do not have basic language around compliance, licensing, and overall use rights.  At a minimum, you should include a copy of the End User License Terms for SPLA.  If you do not have a copy, please contact your reseller.  If you forget to include licensing terms and conditions, you could be on the hook during an audit.  Don’t be on the hook.

Thanks for reading,

SPLA Man

 
Leave a comment

Posted by on April 24, 2017 in Uncategorized

 

Tags: , , , , , , , , , , , , , , , , , , , , ,

 
%d bloggers like this: