Scott & Scott, LLP represents clients in Microsoft software audit matters conducted by the BSA and Microsoft SAM consultants. Microsoft audits its customers using a variety of strategies. Small to medium-sized firms are frequently the target of a Microsoft audit initiated by a trade group such as the BSA. For large enterprise and mid-market firms, Microsoft audits its customers through its software asset management partner channel in what is frequently referred to as a Microsoft Software Asset Management (“SAM”) engagement.
Software Asset Management engagements are usually conducted by third-party auditors or consultants, but there is no obligation that the auditor in a SAM engagement be independent. Microsoft will request that the target allow a third party to audit its software installations and report the results directly to them. In these engagements, the target is required to purchase licenses to cover any deficiencies in its software licenses. Microsoft’s SAM engagement has been extensively used in lieu of traditional software audits with mixed reviews from the end user’s perspective.
If you license Microsoft products via the Services Provider License Agreement, the agreement typically includes audit rights language giving Microsoft the ability to review a SPLA partner’s records regarding software deployments and entitlements and to demand compensation – usually at a mark-up over standard reseller pricing levels – for any deployments found to be in excess of the business’ past monthly SPLA reporting. Businesses that deploy Microsoft software under one or more SPLAs should strongly consider working with an attorney experienced in Microsoft software audits before disclosing any information to Microsoft in response to a SPLA audit engagement.
Our lawyers and technology consultants also assist companies conducting an internal Microsoft audit for license true-ups, compliance initiatives, outsourcing contracts, and in connection with acquisitions and divestitures.
Negotiating Enterprise Licenses and Cloud Service Agreements with Microsoft
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Highest recommendation. An absolute wizard in the substantive areas and a talented negotiator as well.
Scott and Scott understands our business and are very responsive.
Your office was extremely helpful to us during our BSA ordeal. Very easy to work with and always gave us really great advice regarding a subject matter that we were not familiar with.
Excellent representation; outstanding communication; reasonable fees for service.
Your services were timely, fairly priced and straight to the point of what we needed done.
Great service and results.
For the third time I have called on you guys to negotiate on our technology company’s behalf. You took the time to understand our business model, where we were going and what we wanted to accomplish. You successfully helped us reach our goal each time. Our company is growing, our profit is up, and we know we can depend on Scott and Scott to be there when we need them in the future. Thank you for being consistent.
I found the firm most knowledgeable in all IT subject matter and the quality of documents prepared was excellent!
Trust and known quality of the work that the legal team does on behalf of its clients and the customer care that they provide beyond legal acumen.
Great work and representation. The result was better than we could have expected.
It is with great and sincere pleasure that I recommend Scott and Scott, LLP. Scott and Scott has done an exemplary job for the Waypoint Solutions Group team, writing and reviewing contracts and developing our information security program and information security incident plan. Having a trusted and competent firm to handle our specific and complex needs as an IT company, allows us to focus on and deliver the highest quality solutions for our customers. Rob Scott and the entire Scott and Scott organization display unparalleled industry expertise and professionalism, and...
Thank you for the service you and the team and Scott & Scott, LLP have provided us here at SMART I.T. Services, Inc. It was a pleasure working with you, especially since your service was fast, friendly, flexible and accurate. The fact that you work in our industry and have experience with the issues associated with it, were just icing on the cake!
Mr. Scott and his team have provided my organization and its over 30,000 members with a wealth of leadership, expertise, and legal advice. When it comes to IT related issues there is no other law firm I would entrust to render advice and counsel to me and my organization. Rob and his firm are at the top of their profession in the Information Technology community. I recommend Scott & Scott to all my clients and friends who are in the business. If you are in the IT profession and need...