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I'm wondering how successful other higher eds have been at getting Microsoft to clean up its not-ready-for-prime-time Academic Select Plus agreement document before signing it.

 

It is a horrendous document as far as contract documents go.

 

  • They don't actually have a Select Plus Academic agreement template.  They are using the same template they use for their corporate Select Plus agreement and it has all kinds of completely irrelevant language in it that doesn't even apply to the Academic program.
  • MS has moved all kinds of terms and conditions behind various URLs cited in its template, and our Legal Counsel is allergic to contract documents that have substantive Ts & Cs located at URLs owned and controlled by, and able to be unilaterally changed by, the vendor, at will, sometimes without even notifying the customer.
  • Some language in the contract document conflicts with what their own Program Guide says.

It has been like pulling teeth to get this document cleaned up to be something acceptable to our institution -- and MS Licensing is acting like every single issue (take irrelevant "corporate" language out and replace with language accurately describing the Academic Select Plus program, move Ts and Cs into the contract and out from behind MS URLs) is a shock to them, something they never heard of before and must contemplate and run up their bureaucratic chain of command before agreeing to it.

 

What's even more annoying is that they keep saying, "Oh no no no, see, the Program Guide says..." as though we were supposed to exclaim, "Oh, well, in THAT case, if the Program Guide says 'X' then I suppose it doesn't really matter what the contract says!  Where do we sign?"

 

This has been unbelievably drawn out, annoying and time-wasting.  Are they doing this to everybody in higher ed, or are we just "lucky?"

 

 

Ruth Ginzberg, CISSP, CTPS
Sr. I.T. Procurement Specialist
University of Wisconsin System

rginzberg@uwsa.edu
608-890-3961


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Comments

Message from mknox@austin.utexas.edu

Sorry, I do n0t have information to offer as our Select goes a bit longer.

 

Ruth, perhaps volunteering to clean it up for Academic usage in general may be a useful lever…

 

Yes, so many agreements are taking that hide it behind a URL so they can change at will.  Seriously, I thought of doing something similar as we have mandates change on us so perhaps it makes sense to have our mandated 9and best practice)  list also sitting behind  a URL. I am more than half serious.

 

Regards, Marg

 

____________________________________________________

Margaret H. Knox                  mknox@utsystem.edu

 

Chief Information Officer (CIO)     (512)322-3774   

The University of Texas System

CTJ 2.218 78701

      

 

Well its hard to believe that we're the first guinea pigs they inflicted this template on.  Select Plus has been available for a while already.

 

I'm just wondering what other higher eds have done with it ... did you actually sign it as it is (with all the corporate language about levels and product pools which doesn't apply to the Academic Select Plus program), or did you drag MS through every single template change, error correction, etc. (and did they resist all the way) or what...?

 

 

 

Ruth Ginzberg, CISSP, CTPS
Sr. I.T. Procurement Specialist
University of Wisconsin System

rginzberg@uwsa.edu
608-890-3961


Ruth, mark them up and be ready for a lot of back and forth, patience is your key tool. Anna Chhabria Contracts and Compliance Manger-ITS USC 213-740-4140 Ruth Ginzberg wrote: > Well its hard to believe that we're the first guinea pigs they inflicted > this template on. Select Plus has been available for a while already. > > > > I'm just wondering what other higher eds have done with it ... did you > actually sign it as it is (with all the corporate language about levels > and product pools which doesn't apply to the Academic Select > Plus program), or did you drag MS through every single template change, > error correction, etc. (and did they resist all the way) or what...? > > > > > > > > Ruth Ginzberg, CISSP, CTPS > Sr. I.T. Procurement Specialist > University of Wisconsin System > > /rginzberg@uwsa.edu > /*608-890-3961 * > > > ------------------------------------------------------------------------ > *
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