Microsoft indemnification - frequently asked questions
If you have questions that may need answering about our products and services have a look here in our FAQ's.
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Q: How has Microsoft changed its IP protection?
A: Microsoft Corp. has announced that it will extend its already strong intellectual property (IP) protection, commonly called IP indemnification, to cover all licensed end users using a wide range of current and earlier versions of Microsoft software. This includes software such as the Windows Server System (TM) (including Microsoft SQL Server (TM) and Exchange Server), Microsoft Office System and the Windows client software.
Previously, indemnification was provided to volume licensees, and before 2003 Microsoft's IP protection had a monetary cap. Now all licensed end-user customers -- regardless of whether they have acquired their license through one of Microsoft's volume licensing programs or through other means, such as a retail outlet or computer manufacturer -- have IP protection from Microsoft with no monetary cap for covered claims.
While the protection some software vendors provide may limit the amount they will pay to help customers with covered claims or limit coverage to certain types of IP, Microsoft's protection covers the four forms of intellectual property (patent, copyright, trademark and trade secret) and covers defense and damages for a covered claim, without a monetary cap. The bottom line is that Microsoft stands behind what it sells and wants customers to have the peace of mind they deserve.
Q: Why is IP protection important?
A: Unfortunately, we live in a world in which a dispute over property can result in a lawsuit. IP protection is a valuable offering that Microsoft extends to end users of its covered software. If someone alleges that the software you licensed from Microsoft infringes on their intellectual property rights, then Microsoft will help protect you from the legal costs and liability associated with the dispute.
The fact is technology is very complicated, and intellectual property issues are very real. It is important to know that not all software companies provide IP protection. And those that do may have less comprehensive coverage than you might otherwise assume.
Microsoft helps protect you from intellectual property risk by offering strong IP protection.
Q: I see that other companies like Novell and HP also offer indemnification. What is special about Microsoft's policy?
A: Microsoft recognises that some people are comparing the indemnification or IP warranty offers that companies like IBM, HP, Novell and Red Hat are making for their Linux products, and we encourage them to do so. The level of protection offered by each company varies significantly.
In the case of HP, it only offers protection for Linux from claims brought by SCO and then only for certain types of licensees. Novell only offers protection for copyright disputes; it doesn't protect against patents and trade secret claims. As for IBM, despite industry demand it has never indicated that it offers indemnification for Linux.
Microsoft feels it is important to stand behind their software and protect you from risk.
Q: How do I take advantage of this?
A: End users licensing any covered Microsoft product are automatically covered by Microsoft's IP protection. Customers shouldn't have to jump through hoops to get coverage for their IT solutions, and Microsoft are not going to make them.
Q: Why is Microsoft doing this?
A: You need your software to work for you and you don't have the time or the interest in worrying about whether your software has all the appropriate IP rights. Microsoft wants you to have confidence that you are not unnecessarily exposing yourself to IP problems by using Microsoft software. They believe that standing behind you and helping protect you from risk is a responsible thing to do. Microsoft feel comfortable making this stand because they carefully manage the IP rights needed to ship their products.
Q: Does the IP protection policy cover all my Windows products?
A: Microsoft offers you the same level of IP protection for almost all Microsoft software licensed for a fee. There are only a few exceptions, specifically embedded industry or task-specific software. Because distributors of Microsoft embedded industry or task-specific software are allowed to modify the code in some circumstances, Microsoft don't feel they can offer the same IP protections for that software that they do on their covered software offerings.
Q: How much does Microsoft charge for its IP protection?
A: There is no separate charge for the protection Microsoft offer end users; it is included in the price they pay to license the software. Microsoft's strong IP protection is part of the overall value they provide to end users of their software, and customers are seeing this as a key differentiator in their selection of Microsoft's IP products.
Q: Will you protect me if I license software through OEM or retail channels?
A: The channel you license your software through doesn't matter. Microsoft's commitment extends to all licensed end users of their covered software.
If you require any more information on Microsoft's indemnification call now on 0800 458 4545 or request a quote online.
