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07/06/2021

Interestingly, in its June 2021 Product Terms, Microsoft has removed a requirement that ValueLicensing has said is anti-competitive, in its claim against Microsoft. ValueLicensing’s case is that Microsoft is still engaged in other forms of anti-competitive conduct in relation to pre-owned software sales.

Microsoft Product Term Changes

Interestingly, in its June 2021 Product Terms, Microsoft has removed a requirement that ValueLicensing has said is anti-competitive, in its claim against Microsoft. ValueLicensing’s case is that Microsoft is still engaged in other forms of anti-competitive conduct in relation to pre-owned software sales.

Summary of Changes

Below is a summary of changes and updates made to the terms since June 2020.

June 1, 2021 General: For customers who choose to purchase “From SA” licenses, we removed the requirement that customer retain the corresponding Qualifying Licenses throughout its From SA license subscription period. All other terms and restrictions in the agreement continue to apply" (https://www.microsoft.com/licensing/terms/product/changes/all)

Here are the From SA terms in the new June 2021 format absent the retention requirement:

"From SA

Customer may acquire From SA SLs instead of SA for fully paid, perpetual Licenses subject to the following conditions:

  1. Customer has active SA or is renewing coverage for the corresponding Qualifying Licenses
  2. Customer acquires no more than one From SA SL for each Qualifying License, unless provided otherwise in these terms
  3. Customer acquires From SA SLs at Enrollment anniversary or renewal

Enterprise Agreement Subscription (EAS) customers with continuous subscription coverage on Qualifying Licenses for no less than three years may purchase the corresponding From SA SLs. Customers renewing an agreement may renew From SA SLs up to the number of corresponding From SA SLs expiring".(https://www.microsoft.com/licensing/terms/en-US/productoffering/Project/EAEAS#FromSA).

By contrast here are last year's global product terms containing the retention term:

"From SA 

Customer may acquire From SA SLs instead of SA for fully paid, perpetual Licenses subject to the following conditions: 

  1. Customer has active SA or is renewing coverage for the corresponding Qualifying Licenses 
  2. Customer acquires no more than one From SA SL for each Qualifying License, unless provided otherwise in this Appendix 
  3. Customer retains the corresponding Qualifying Licenses throughout its From SA license subscription period 
  4. Customer acquires From SA SLs at Enrollment anniversary or renewal  

  

Enterprise Agreement Subscription (EAS) customers with continuous subscription coverage on Qualifying Licenses for no less than three years may purchase the corresponding From SA SLs. Customers renewing an agreement may renew From SA SLs up to the number of corresponding From SA SLs expiring