It laws
Kapil
(Querist) 05 May 2014
This query is : Resolved
Hello All,
My query is relating to IT field :-
1. We have Assembled machines in our organisation,
2. We have purchased licenses with micro soft with following details
i. Microsoft Open License Agreement for Windows XP Professional English UPG OLP NL - 120 Nos on 17th march 2003
ii. Microsoft Open License Agreement for Windows XP Professional English UPG / SA Pack OLP NL - 80 Nos on 27th Oct 2006
iii. Microsoft Open License Agreement for Windows Xp Professional English Upg/SA Pack OLP NL - 10 Nos on 29th Sept 2006
iv. Microsoft Open License Agreement for Windows XP English UPg/ SA Pack OLP NL - 51 Nos on 27th Oct 2006
3. On March 2014, we receive the letter from Microsoft that they want to do Internal Audit for Usage of Microsoft Products at our organisation
4. During the discussion with them, we have given details of licenses we hold for Microsoft with the details of above.
5. Now today they are saying that to give full entitlement of these Paper Licenses which are Upgrade licenses, we need to show them the invoices of the Original Operating System Windows XP which we have bought.
6. And with this point they are saying that we are not complying due to this clause and we need to buy these licenses for Windows 8 which is current version available.
7. Now Microsoft is saying that in the absence of the Original License, Paper License has no substantial Value.
So now I have few questions like –
1. Can Microsoft demand such huge amount when they themselves issuing Paper License ?
2. Is there any Time Limit ? Like as per the Income Tax Act, records of the documents shall maintain only upto 6 years.
3. Whether the Paper License which is issued ( in the absence of the Original Key ) can be considered as Original Key ?
4. Can we prohibit Microsoft from entering in the premises of the company to check how much computers we have ? Can they enter in company’s premises for the purpose of audit without company’s permission ?
5. If I deny Microsoft to enter company premises for audit purpose, can court will allow Microsoft enter in my company for audit by passing order. Means whether court order is essential for the audit purpose ?
6. In that furtherance what are the powers & limitations of the Microsoft?
7. If I have to take action against Microsoft for the Illegal Demand of Penalty, which would be the proper forum ? Can I file a complaint under Cyber Laws ?
