If your hosted application meets the definition of a unified solution, you can license the environment using a volume licensing agreement instead of an SPLA. Companies that own and host an application directly for the end-user customer without third-party intervention may not need an SPLA. Self-hosting only applies if the Licensee possesses the business logic, content or data and provides the Service under its own brand with its own intellectual property. Self-hosting use cases can be licensed with an internal volume license with external connector licenses to cover client access. According to Microsoft rules, apps are considered self-hosted only if they are explicitly approved by Microsoft (e.B. SQL Server and Windows Server) if they are used exclusively in conjunction with a “Unified Solution”, if they are the primary service and/or application and the only access point of the Unified Solution, and if they are provided to end users via the Internet or a private network from the datacenter. 8.1 This Agreement shall be effective on the date the SP accepts this Agreement, i.e. by clicking the “I Agree” button, downloading, installing, copying or using the Product, and shall remain in effect for the duration of the License. If the term of the license is extended, this agreement will also be automatically extended. 8.2 The SP is entitled to terminate this Agreement prematurely at any time for any reason, but without the right to reimbursement of the agreed license fees or any part thereof. 8.3 Flowmon is entitled to terminate this Agreement prematurely if the SP breaches or fails to comply with any provision of this Agreement or the Agreement, in particular if the SP fails to comply with its obligations under Sections 3 and 5 or if the agreed license fee is paid in a timely manner to the relevant company (i.e.
Flowmon, B.dem respective Flowmon distributor or Flowmon reseller) according to the payment terms set out in the Agreement. 8.4 In the event that the Product or any part thereof is bound by third party rights (including, without limitation, patents, copyrights, trademarks or trade secrets) or if Flowmon believes that this may be the case, Flowmon shall have the right to terminate this Agreement prematurely, provided that commercially reasonable efforts are made to modify the Product or its parts. obtain the necessary rights or replace the product or its part with a functional equivalent. If the Agreement is terminated in accordance with this Section 8.4, Flowmon will reimburse the SP for all prepaid and unused Services. 8.5 Flowmon is also entitled to terminate or suspend the supply of the Product to the respective SP if a Customer fails to fulfil its obligations under the Subscription Agreement with the SP. 8.6 Any termination of this Agreement will terminate the license granted and all sublicenses granted by the SP to its Customers. 8.7 Upon termination of this Agreement, the SP will promptly perform the obligations set out in Section 2.9 of this Agreement. Except as otherwise agreed in this Agreement, all royalties are non-refundable.
5.1 The SP may only sublicense to its Customers if the Customer enters into the SP Subscription Agreement, which includes at least the license terms set out in Appendix 1 [Scope of sublicense] of this Agreement (“Subscription Agreement”). 5.2 The SP acknowledges that failure to enter into the Subscription Agreement with each of its Customers, at least to the extent set out in this Agreement, will be considered a material breach of this Agreement, which may result in the termination of this Agreement in its entirety or the suspension or termination of the operation of the Product for the relevant Customer if reasonably necessary to protect Flowmon`s rights. The SP is solely responsible for all damages suffered by a Customer with whom the Subscription Agreement has not been concluded as a result of such suspension or termination. 5.3 The SP is also responsible for any action or inaction of its customer that violates the terms and restrictions of the Subscription Agreement. 5.4 The SP is also obliged to grant Flowmon all reasonable cooperation to take legal action against its customers for breach of the Subscription Agreement. A service provider license agreement is an important tool between the service provider and the customer. Technology has evolved exponentially over the past 10 years, especially in the computer industry. Read 3 minutes With LOL Cloud Help, Microsoft enables service providers to offer hosting, outsourcing, and other services, avoiding upfront costs, budgeting for licenses, and paying only for what you use. SPLA stands for Service Provider License Agreement and provides service providers with a license to provide Microsoft products to customers on a monthly basis.
The remarkable difference between a boxed product license and an SPLA license comes down to the person using the software. The software you purchase at retail can only be used by a person who buys it. However, SPAs are designed for hosting companies that offer software as a service to their customers. A service provider license agreement is an important tool between the service provider and the customer. Technology has evolved exponentially over the past 10 years, especially in the computer industry. Service providers can be any entity that hosts something like a Microsoft application for another organization. This can range from a company that provides email services to another company (e.B Rackspace or GoDaddy), to a company that develops applications that run through Microsoft software. 4.1 The license is granted for a fee agreed in the contract.
Unless otherwise agreed, Flowmon or the respective flowmon distributor or reseller (in accordance with the applicable Agreement) may charge the SP the License Fee according to the payment terms set forth in the Agreement. 4.2 Unless otherwise agreed in the Contract, the SP is not entitled to support and maintenance services (“Support Services”). 4.3 If the SP has support services agreed in the contract, these support services will be provided by Flowmon or its authorized partners according to the conditions set out therein. Any additional software code provided to the SP as part of the agreed support services will be deemed to be part of the Product and will be subject to the terms of this Agreement. 4.4 The Support Services include receiving “updates” for the current version of the Licensed Product. For the purpose of improving the Product and developing such updates, the Product includes features that allow Flowmon to remotely and automatically identify certain aspects of the use and performance of the Product and/or the systems on which it is installed, as well as the Operator and the operating environment (including problems and problems that arise in this regard); to track and analyze. You may disable this Product update feature at any time, otherwise you hereby agree that Flowmon may use all data and information collected solely for internal purposes. Flowmon will protect and keep such information confidential, will not use such information for any purpose other than those set forth in this Agreement, and will not sell, distribute or disclose such information to third parties. 4.5 If the SP requires support services where Flowmon can access and/or process confidential data and/or personal data of data subjects on behalf of the SP when providing such support services, the SP is obliged to (i) inform Flowmon of such access and/or the processing of confidential and/or personal data and (ii) assess the need to conclude the data processing contract and if applicable, enter into such a data processing agreement with Flowmon. In any case, Flowmon undertakes to take appropriate technical and organisational measures and to ensure the protection of the rights of data subjects and a level of security commensurate with the risks associated with such processing, in particular by accidental or unlawful destruction, loss, alteration, unauthorised disclosure or access to personal data and confidential information. If you decide that SPLA is the right choice, you need comprehensive guidelines and procedures for reviewing Microsoft because you are audited by Microsoft. Scott & Scott, LLP has been representing SPLA vendors in Microsoft audit business since 2005.
If you have any questions about the need for an SPLA or if you defend a Microsoft SPLA audit, we can help. .