Legal Agreements and Enrollments

Unlike retail software, where breaking the seal on the software and clicking “OK” or “I Agree” on a license agreement at installation time establishes the legal relationship between the customer and Microsoft, volume licensing has a more complex set of legal documents.

In Open License and Open Value, the bar is relatively low—customers sign an agreement posted online after they have ordered their software and before they download the software or get volume license keys. In Select License and Enterprise Agreements, on the other hand, the legal framework is more complex and has several different levels.

The Microsoft Business and Services Agreement (MBSA) contains general language governing all of an organization’s dealings with Microsoft, including volume licensing, consulting services, and support services.

The MBSA contains terms and definitions that appear in licensing contracts, support contracts, technology-sharing agreements, and other types of contracts. It defines standard legal terms, such as “you,” “we,” “product,” and “use.” It outlines restrictions, such as forbidding the rental of software, reverse engineering, and separating components of a product. It defines Microsoft’s warranties, copyrights, and the records that must be kept to prove compliance with the agreement. It defines business entities such as “affiliates,” companies that are owned by, or that own, the company that is signing the MBSA and who are covered by the agreement.