?
Solved

Microsoft Licensing Liability

Posted on 2011-10-12
8
Medium Priority
?
467 Views
Last Modified: 2012-05-12
Hi All,
        We are looking at supporting a new client, they have 5 servers, Exchange 2010, 50 users. I know for a fact that they are not licensed for Exchange, Office 2010, or have user cals in place to cover. We have provided costs for multiple ways to license but due to the climate they are struggeling to find either finance or funds to purchase the licenses (i know this should be a core requirement but i can not prioratise the budgets for them).

As an external contractor what would my liability be if i were to take them on as a client knowing that they are out of license. If microsoft come knocking and feel it appropriate to take action would this affect my qualifications (i know they can remove them) if they see i have install OS & Software knowing it is illigal?

I have called microsoft, the department cant help me on my liability but can help on offering them solutions to become compliant....

Thoughts?
0
Comment
Question by:ncomper
8 Comments
 
LVL 14

Expert Comment

by:theruck
ID: 36954445
it depends on the contrac you have with the company.
usually the owner of the machine is responsible for the software on it. so if there is a police check they will be responsible. the question is if they will not be able to sue you according to the contract for making damages to them
0
 
LVL 14

Expert Comment

by:theruck
ID: 36954454
i think you might solve it by giving and audit of licenses to the company you work for. this would mean they are aware and accept the current state so if signed, no more responsibility for you
0
 
LVL 37

Accepted Solution

by:
Neil Russell earned 600 total points
ID: 36954467
IF You knowingly install a product that you know that they are not licensed for i think you would be on very very dodgy ground.
It better be a very very profitable contract to cover the risk.
Of course you could make more money by shopping them to microsoft than you earn from the contract :P
0
Industry Leaders: We Want Your Opinion!

We value your feedback.

Take our survey and automatically be enter to win anyone of the following:
Yeti Cooler, Amazon eGift Card, and Movie eGift Card!

 
LVL 14

Assisted Solution

by:theruck
theruck earned 600 total points
ID: 36954483
i do not agree with neilsr.
many of the products of MS are installable first then you need to deal with the license so the installation itself is not an act of crime.
0
 
LVL 5

Author Comment

by:ncomper
ID: 36954732
I did call microsoft on the issue but the deaprtment would only be able to help me make them complient and were not able to provide more informaiton on the liability
0
 
LVL 14

Expert Comment

by:theruck
ID: 36954789
sometimes it is a long business decision so it is ok to at least start the compliancy negotiations with MS
0
 
LVL 4

Assisted Solution

by:MikeKAtLCS
MikeKAtLCS earned 300 total points
ID: 36961826
I think supporting them might be OK,  If a system needs to be reloaded then they would need to cough up the currency to make it legit.  I don't think the support is the issue but if you install the software knowing that it is not licensed then you become part of the problem. I know work is hard to get and money is tight but if they can't afford a legitimate license then they should run Open Office instead. I would not feel too bad if you could get them to start licensing some of the software as a show of good faith.  But if they refuse to license any of it I would question the integrity of the customer.
0
 
LVL 5

Author Closing Comment

by:ncomper
ID: 37005354
Still a complicated question, on the flip side i have had sign off from the client that they will now pay the license
0

Featured Post

Concerto Cloud for Software Providers & ISVs

Can Concerto Cloud Services help you focus on evolving your application offerings, while delivering the best cloud experience to your customers? From DevOps to revenue models and customer support, the answer is yes!

Learn how Concerto can help you.

Question has a verified solution.

If you are experiencing a similar issue, please ask a related question

Technology opened people to different means of presenting information, but PowerPoint remains to be above competition. Know why PPT still works today.
Ever visit a website where you spotted a really cool looking Font, yet couldn't figure out which font family it belonged to, or how to get a copy of it for your own use? This article explains the process of doing exactly that, as well as showing how…
The viewer will learn how to use a discrete random variable to simulate the return on an investment over a period of years, create a Monte Carlo simulation using the discrete random variable, and create a graph to represent the possible returns over…
The viewer will learn how to create two correlated normally distributed random variables in Excel, use a normal distribution to simulate the return on different levels of investment in each of the two funds over a period of ten years, and, create a …

807 members asked questions and received personalized solutions in the past 7 days.

Join the community of 500,000 technology professionals and ask your questions.

Join & Ask a Question