Deduction of granted license of the Microsoft contract text of the federal contract

For the legal assessment of the usage rights of the accession of Kiel University to the Microsoft Bundesvertrag only the regarding contract documents are binding. Only a non-binding own interpretation can be provided as support by the Computing Centre.

In particular the following documents are relevant:

 

Furthermore, EES Licensing Guide (PDF version of May 2016, downloaded at 5July 2016) provides an overview of the contractual opportunities.

 

In these documents (among other things) the following text fragments can be found. In our opinion, the usage rights from  Beitritt der CAU zum Microsoft Bundesvertrag can be very well deducted from these fragments: Please note that this is only a translated version of the actual German text fragments for orientation. Only the relevant contract documents (in German) are binding!

  • "...each qualified user in the organization (including students and public user of qualified devices in free accessible labs) [are] entitled to execute the desktop platform products [...] on each qualified device of the institution." source:  Accession treaty,p.11 please see: license granting "Lizenzgewährung")
  • "...in the case of CALs the institution can assign (1) each qualified device of the institution a device CAL and (2) each scientific employee a user CAL, in both cases, to be able to access the regarding server software of the institution."(source:  Accession treaty ,p.11 please see: license granting "Lizenzgewährung")
  • "„Qualified user“ is a person (e.g. employee, consultant, temporary worker) that: (1) is a user of a qualified device or (2) accesses server software or online services. [...]." (source:Accession treaty , S.2 please see definitions "Definitionen")
  • "„Qualified device“ is a device, that is used by or in favour of an organisation or by or in favour of a student, that is enrolled in the organisation.  This involves: (1) a desktop PC, a portable computer, a work station or a device, that is capable of executing Windows Professional locally (in a physical or a virtual operating system environment) or (2) a device, which can be used to access a virtual desktop infrastructure ("VDI"). The term "qualified devices" comprises no devices, that: (1) are determined to be a server and are not used as a personal computer (2) an industry device or (3) are no administrated devices. [...]" (source: Accession treaty , p.2 please see definitions "Definitionen")
  • "„Scientific employees“ are employees, contract partner or volunteers, that work more than 200 hours per year in the field of science and teaching for the organization and use a qualified device." (source: Accession treaty , S.2 please see definitions "Definitionen")
  • "„Other employees“ are non scientific employees, contract partner and volunteers, that work for more than 200 hours per year for the organization and use a qualified device of the organization. " (source: Accession treaty , p.3 please see definitions "Definitionen")
  • "CAL is the client access license, that is assigned to a user or a device. A user CAL enables the access of a relevant version of the server software or an earlier version of the server software of each device by any single user. A device CAL enables access on the relevant versions of the server software or earlier version of the server software of a device by any user. CALs enable the access of server software, that is executed only on customer servers." (source: Product terms: please see definitions  "Definitionen", e.g. Product terms of June 2016 (PDF, downloaded at 5 July 2016), p.75)
    • "User CAL: A user CAL "Nutzer-CAL" entitles a specific user to use any number of devices. The user is authorized to access the server software via work computer, private computer, mobile phone, phone and so on." (source: Microsoft website, version of 1 August 2016 as PDF)
  • "3. Rights of use of other and earlier versions
    For each justified copy or instance the customer is entitled to instead create, save, install, execute or access an earlier version, another justified language version, another accessible platform version (e.g. 32 bit or 64 bit) or a justified lower edition. The usage rights of the licensed versions are still valid.  Licenses of earlier versions and lower editions do not fulfil the license requirements for a product. ." (source: product terms, universal license agreements e.g. Product terms June 2016 (PDF, downloaded at 5 July 2016), p.7)
  • "With EES, Software Assurance is included with your software licenses." (EES Licensing Guide May 2016, p. 4/6)
  • "4.9 Programs for science & teaching
    The following table is relevant for customers of all volume license programs for science & teaching:
    4.9.1 Windows Enterprise LTSB rights
    Academic facilities with Windows Enterprise SA or Windows Education SA are entitled to install Windows 10 Enterprise LTSB instead of a permitted unlimited instance.
    4.9.2 Rights for Windows 10 Enterprise or Windows 10 Education Edition
    Academic facilities with Software Assurance for Windows Enterprise or Windows Education have the right to install and use Windows 10 Enterprise or Windows 10 Education.
    4.9.3 Downgrade rights
    Academic facilities with Software Assurance for Windows Education are authorized to downgrade to Windows 8.1 Enterprise/Pro and earlier versions of Windows 8.1 Enterprise/Pro as well as Windows Embedded 8.1 Industry and further versions of WindowsEmbedded 8.1 Industry." (source: product terms, Windows desktop operating systems e.g. product terms June 2016 (PDF, downloaded at 5 July 2016), p.45)