Microsoft Enterprise Agreements - Microsoft SQL Server Strategies

In case you haven't heard it yet, Microsoft SQL Server 2012 is going to contain some major licensing changes. Customers with existing (or new prior to the release of SQL Server 2012) Enterprise Agreements (EA) or Enrollment for Application Platforms (EAP) with SQL Server included on those agreements have some great opportunities right now but should be working out a strategy to meet their current and projected needs.

If you're unaware of the changes, check out our blog on Network World to find out more details.

If you have SQL Server Enterprise on your EA or EAP before the release of the 2012 version you can continue to purchase the same licensing model until the end of your agreement. In other words, even though the SQL Server Enterprise server and Client Access License (CAL) model will disappear with the release of 2012, if you already have that model on your EA or EAP you can continue buying under that model until your agreement ends. Additionally, if you have SQL Server Enterprise processor licenses on your EA or EAP, you can continue to purchase processor licenses (rather than core licenses) through the end of your agreement.

This presents a number of opportunities for organizations to save money moving forward but having a strategy will be key! If you don't already have these products on your EA or EAP, you might want to consider if you should add them prior to the release of Microsoft SQL Server 2012 (as opposed to waiting until your next true-up which might mean you miss an opportunity). 

As always, let us know if we can help you create a Microsoft licensing strategy that is most beneficial to your organization!

Microsoft Windows Server Price Increase? Check Your Sources!

It has come to my attention that one of the large resellers is telling their US clients that Microsoft will be doing a 15% price increase on Microsoft Windows Server products effective January 1, 2012. The information I've received is that this is not accurate, that it does not apply to the US (Latin America may want to check into it though). 

However; I'm not a reseller and I'm not Microsoft so I don't have access to price lists. So, the point of my story? Check your sources! If one of your resellers is giving you this advice, please check it out with another reliable reseller and with your Microsoft account team. 

 Additionally, if your reseller does give you this type of wrong advice...might be time to re-evaluate resellers. Yes, everyone can make mistakes - but I'll tell you frankly, this reseller has been on my list of "least desirables" for a long time due to some of their practices and this just put a nail in their coffin for me. 

Happy Holidays - and here's hoping that January doesn't bring a price increase on Microsoft Server products!

Software Licensing Agreements - Enterprises Be Careful of What You're Signing!

I work with companies of all sizes so I see a lot of trends based upon size. One disturbing trend I've been seeing lately applies predominantly to my Enterprise customers who rely on their Procurement department to negotiate all contracts. 

Procurement is a key player in any negotiation, but I think it's risky to rely completely on them for finalizing a software licensing agreement. What may look benign to a Procurement expert may easily send off red alert signals to a licensing expert. Within the past month alone I have seen supposedly well negotiated language cost three of my newer clients over $5 million combined to a single publisher. While we can frequently get these agreements re-negotiated we were brought in after the publisher already had been made aware of the situation and their eye on the paycheck...hard to get much of a budge then. 

Here are some examples: 1) Microsoft Enrollment for Application Platform (EAP). Sure, this offers great discounts on SQL server as well as other products but be sure to read the fine print! This enrollment commits the company to licensing all of their SQL deployments (or other product that is enrolled) through the EAP. If you own legacy licenses and are running legacy versions but you didn't enroll those licenses into the EAP with Software Assurance you are essentially giving up your right to that license for the term of the EAP. Even new licenses that you buy but don't buy through the EAP are essentially useless. 2) Audit or true-up assistance program clauses. Check these over carefully to make sure that the scope of any outside assistance is clearly identified and restricted to the appropriate products, divisions and terms. Also make sure that it doesn't provide restrictions that the underlying agreement doesn't dictate (such as the requirement to purchase maintenance, etc). 3) Downgrade rights. Not all software automatically has downgrade rights. Attachmate products for example frequently do not permit downgrade rights unless you procure maintenance. If your technical organization needs to run older versions of the software make sure your agreement provides for you to procure additional licenses but still run the version that meets the needs of your organization. 4) Definition of the Enterprise, entity, affiliates, etc. Make sure this definition fits your organizations needs. Signing an agreement that defines your Enterprise as being all "Knowledge Workers" for example, isn't necessarily a good fit if you have a large percentage of users who do not use the technology being licensed (for example, licensing all your "Knowledge Workers" for the Microsoft Core CAL when you have a significant percentage that are on Novell and Notes with no Microsoft interaction except the Windows Server CAL). By definition you would have to procure licenses that would never be used and cost far more than the license you do need. 

While many of these apply to organizations of all sizes, I find that the small/mid-size organizations that rely more heavily on their IT or licensing staff to negotiate the contracts often catch these before signing (but yes, Procurement plays an important part so there may be many other costly mistakes these non-Procurement folks are making). 

My recommendation - Procurement, make sure the final review process includes your internal Licensing Expert (if you have one) or your IT team (if you don't have one). Also, give some solid consideration to having an external expert review it - the price tag is very reasonable and the risks are extremely high.

Network World Contest Giveaway!

Great news to anyone who has wanted to attend our Microsoft Licensing Webinar course but was having trouble getting the budget to cover the costs...we've joined together with Network World to offer one free seat in our upcoming May training. Check out the Network World contest! Hope to see you win!

Microsoft Licensing an In-depth Webinar Course

For years I've been asked to teach a class on Microsoft licensing. Not the surface stuff you find out easily but the in-depth ins and outs that folks responsible for appropriately licensing (or architecting) their environment need to know about.

My only problem with doing so is that adult retention isn't that great...so I'd pour tons of information into their brains for hours on end and they'd walk away knowing maybe 3 key items. That doesn't solve the problem!

Now, I've finally done it in a way I can feel good about...a webinar series that is recorded and made available to attendees after they walk away! The course is broken down into 5 consecutive weekly webinars lasting 2 hours each (that's 10 hours of actual content, but served in bite sized chunks).

This will allow attendees to:

• Learn in-depth Microsoft licensing details from an independent expert,
• Eliminate licensing ambiguities when negotiating Microsoft agreements,
• Save money through better leveraging licensing and knowing key negotiating tips,
• Be able to review content "on demand" after completion of the course while saving on travel costs!

Early bird discounts are available for the first series until March 9, 2011...each early bird window closes two weeks prior to the start of training.

Check out the course here.

Software Asset Management - 2011

What is it about 2011 that makes me think...we have officially reached "the future"? 

Is it just that I'm now so old that when I thought forward to the future it was anything after 2010? Probably...but since old age seems to keep growing further and further away from me as I age, I refuse to accept that as the answer, LOL! 

What will happen to Software Asset Management in 2011? My crystal ball is far from perfect but I'll take a stab at predicting this year anyway... 

Software audits rise - sorry, I know you've been hearing that threat for years but based on what I've seen so far in 2011 I think you can count on it as a fact. As the economy (and therefore companies) see an improvement I think you'll find publishers starting to come forward to find out what you have (and haven't) been doing in the past couple of years. They know you've been spending less money with them, so they want to make sure you've been licensing appropriately. Software audits are expensive (even if you're fully compliant and don't have to buy anything), so before you respond please reach out to us to see how we can help! 

Cloud Computing continues to grow and initially companies will manage these in a decentralized fashion (you buy it, you manage it). Hopefully some will remember lessons learned from the past and have these managed centrally by their Software Asset Manager. When I spoke on this topic at the IAITAM Conference two years ago there was a lot of uncertainty from Software Asset Managers as to who owned this responsibility - frankly the role that owns it is the role that steps forward to take control of it. My suggestion is that a saavy SAM Manager will realize that they add value to this function and this function adds value to their position. If you don't have your controls in place for managing Cloud contracts, please talk to us about appropriate processes and controls. 

The role of the CIO will become more ambiguous. OK, so this isn't SAM but it is important to SAM. I think we are clearly seeing the assimilation of IT into the whole of the business. Regardless of industry, IT is critical to all areas of the business and business owners are going to want more control of it. While a certain amount of centralization and segregation of duty is imperative to maintain controls and manage cost, I will not be surprised to see the role of the CIO disappear. However; on the flip side, I think you will start seeing more former CIO's transition into the role of the COO (possibly a natural evolution as CIO's have long been advised to become intimately familiar of all the business units they are serving). If this transition does take place, you might well see the role of SAM Manager follow suite (especially if the SAM Manager has taken on the Cloud Computing aspect). 

Is my crystal ball failing me or do others see the same? Let me know! 

One thing I do know for certain is that Cynthia Farren Consulting will launch an updated website in 2011 (OK, I cheated...since it already launched earlier this month). We tried to simplify matters and provide more valuable content - let us know how we did!

Walking Away From a Microsoft Licensing Agreement

When finances are tight it's not uncommon for companies to start expiring their maintenance contracts, including software maintenance. As with any maintenance agreement that is allowed to expire, it's important that an organization understand the full implications of their actions so that it is a strategic event rather than a reactionary one. 

This is a big topic so will cover several postings - check back for more updates or e-mail us with specific questions. 

Microsoft has three primary ways for an organization to acquire licensing rights - subscription licensing (Microsoft Desktop Optimization Pack aka MDOP is an example), perpetual licensing (their traditional model where once you buy it you own the rights forever), or perpetual with maintenance (Microsoft Software Assurance aka SA). 

Subscription licensing expires at the end of the subscription agreement (unless there is a buy-out option). I'm not going into details on this type for this article. 

Perpetual licensing does not expire but also does not have upgrade rights. So again will not be discussed in this article. 

Perpetual licensing with Software Assurance includes upgrade rights until the SA expires. When SA expires, your organization is entitled to the latest version of the product which has been released to volume licensing customers. Those licenses then become perpetual licenses but inherit the licensing terms from the agreement under which they were acquired. 

For example, a customer who had a full platform Microsoft Enterprise Agreement (which automatically includes SA) which they allowed to expire at the end of May 2010 would walk away with perpetual licenses for the following Microsoft products: Office Professional Plus 2010, Windows Server 2008 Client Access License (CAL), Exchange Server 2010 Standard CAL, SharePoint Server 2010 Standard CAL, System Center Configuration Manager 2007 R2 Client Management License and Windows 7 Enterprise (but be aware of any subscription components, those are not perpetual). However; those perpetual licenses will always be restricted to the licensing rights under the Enterprise Agreement (for example, no secondary use rights for Microsoft Office which means if a user has a desktop and a laptop each would require its own license). 

While a license is covered under SA, it is at it's most flexible. Consider your future plans prior to allowing SA to expire. A couple of things to think about: 1) Will you be using any of the enhanced functionality of the Microsoft Enterprise CAL Suite? 2) Will you be increasing your server virtualization efforts and will Microsoft Windows Enterprise Server or Microsoft Windows Datacenter edition provide you with a more cost effective solution? 3) Are you licensed under Device CALs when User CALs might be more effective or vice versa - these can only be changed at time of renewal and guess what...you're not renewing. 

However; now is still the time to push the envelope on this (before expiration) as there are ways of getting this changed as long as you still have active SA. The first two scenario's would be covered by "Step-up" licenses from lower versions carrying SA. This allows you to leverage the monies you've already spent on the lesser edition by paying a reduced price for the higher edition but can only be completed while you have active SA on the product. 

Watch for more to come...or if you're considering walking away from a Microsoft Licensing Agreement talk to us first, it can help you avoid future costs and headaches!

Microsoft Revamps Partner Program – Costly licensing impact on Partners?

Microsoft has a very generous internal use license program for its partners. In generalities, a Microsoft Certified Partner gets 25 copies of most all desktop software (and Client Access Licenses – CALs) and 1 or 2 server licenses each for most server technology for internal use in the form of annual license grants; a Microsoft Gold Certified Partner gets 100 copies of most desktop software and 1 to 5 server licenses each for most server software. There are additional license grants based upon expertise “competency”. These amounts can be multiplied by each location that qualifies at the same level as the overall company up to a maximum (along the lines of 500 desktop and 2 to 25 servers for Microsoft Gold Partners). 

 These license grants are obviously very valuable to Microsoft Partners in helping them minimize the cost of running their organization. However; Microsoft is now changing their partner program (for the first time in a long time) which will end up reducing the number of internal use software license grants for most partners. The new Microsoft Partner Network will replace the designations of Registered, Certified and Gold Certified with Subscriber, Competency and Advanced Competency. While there are some changes at the Registered and Certified levels (Subscriber and Competency) as it pertains to licensing the real impact comes to Gold Certified Partners who will not qualify for the Advanced Competency designation. $300k Example: One of my Software Asset Management customers is a Microsoft Gold Certified Partner with 1 additional enrolled location and several competencies. This entitles them to about 200 copies of most desktop software and CALs and a number of server licenses including 10 Microsoft Windows Server Enterprise license grants and 8 Microsoft Windows Server Datacenter processor license grants. However; this company will not qualify as an Advanced Competency partner so will instead drop down to a Competency Partner (think Certified Partner). Assuming they continue to have 1 additional enrolled location this will drop their license grants to 50 copies of most desktop software and CALs and about 2 server licenses for some servers (Microsoft Windows Server Datacenter will not be included). The financial implication of this is over $300k. 

Even those partners that do not lose their current level in the program will feel some impact from licenses being excluded from the core licensing (for example, Windows Server Datacenter edition will not be part of the core licenses). One of the hardest challenges is that IT typically manages the licenses and yet the business typically manages the partnering relationships. If these impacts are not discussed between both teams internally there could be a large number of former Microsoft partners who are now out of compliance in their licensing. 

Understanding the Dates: Each year partners have to re-enroll in the program. Those partners who re-enroll prior to 10/10/2010 (now changed to end of October) will be renewing under the existing designations of Registered, Certified or Gold Certified and will have their annual license grants based upon that enrollment. At their anniversary date in 2011 their licensing grants would change. For partners who re-enroll after 10/10/2010 (now changed to end of October) they will be renewing under the new designations and the new licensing grants will take effect. There are other changes that take effect regardless of enrollment status effective 10/10/2010 (now changed to end of October) so please be aware that this information is only as it pertains to license grants. 

What to Do: Obviously it is very important for current Microsoft Partner’s to clearly understand the requirements of the new program and where their company will fit within this program. Microsoft is doing a lot to help and their Partner desk is extremely helpful so leverage these resources! Take a good look at the license calculator tool to determine what your new license grants will be and start the budgeting and communication process internally to avoid a surprise hit to your software budget next year. If things get too confusing or time consuming, consider hiring a professional to handle the transition for you.

Mergers & Acquisitions - Software Licensing in the Due Diligence Process

It's been said that 2010 is the year of M&A (LOL...again, there have been many years in the past that have also held that moniker) and having just seen a posting on LinkedIn on this topic reminded me that it's probably time to blog about it again (check out my earlier posting on this topic for additional information).



There are lots of things to be considered, but I'm going to focus on the company doing the acquiring for this posting - if you need other scenarios check out our whitepaper on the topic.



There are typically two scenarios in acquiring: (1) you don't acquire any of the IT assets, or (2) you acquire all the assets of the company, including IT assets. The first scenario is simple as you know walking in that you have to provide these assets yourself. The second scenario is where the waters get muddy.



If acquiring all of the assets, the assumption is typically made that all the software installed at time of acquisition is (a) properly licensed and (b) the license will transfer to the acquiring company. Unfortunately, these are both naive assumptions and too frequently incorrect.



In the ideal situation, IT would have the opportunity to receive the licensing statement (including copies of contracts and proof of licensing) for the company being acquired in advance so it could be factored into the valuation of the company (remember software is frequently the 2nd or 3rd largest line item in the IT budget and represents significant expense).



However; reality is that acquisitions are typically completed without IT's involvement or even if IT is involved they are very limited in the information that can be shared in advance of the completion of the deal.



So, how can IT help the company avoid acquiring someone else's licensing headache? Through education and quick follow up.



A couple of basic steps:

1) Get the issue on the table in advance of M&A activity. During M&A you're going to have a hard time getting the attention of the proper parties so preempt the situation.

2) Get some allies on the topic - legal counsel, CFO, compliance officer and purchasing officer are all key allies. Obviously this means senior level IT to senior level operations discussions.

3) Create a high level IT due diligence checklist of what IT truly needs to (a) help avoid large unnecessary costs and (b) ease integration post acquisition.

4) With the aid of your allies, get the IT due diligence checklist added to the overall company due diligence checklist. Be prepared for push back and be able to quantify through hard dollar and compliance risks the reason behind each item.

5) Post acqusition, work fast. Not only do you have a mandate to get the company integrated but you also need to ensure that if there are any licensing costs associated with acquisition that you're able to identify those for proper accounting in the financial statements as part of the acquisition cost.



Get help - understanding the licensing terms for each major publisher and the transferability of those licenses can be a daunting task. Now is the time to focus on integrating your two companies, have an expert handle the acqusition licensing issues for you.



Any other suggestions? Post them!