We are planning to update Windows Server 2012 R2 to the current version 2016 and want to use “additional license core grants”. Our servers are hosted and the provider does not accept the use of the Software Inventory Logging tool (SIL). Who is legally liable for the potential loss of our full license base?

A Microsoft customer is responsible for all of the obligations under his volume licensing agreement. That is, he cannot hold responsible neither the provider, not Microsoft in case of a loss of the full license base. According to Microsoft, documentation of the software can take place by means of an equivalent software. Therefore, please clarify with your provider, which inventory tool he will use and discuss with Microsoft if this tool is recognized as “equivalent”.

The same applies when updating one of the following products to version 2016 within the described scenario:

• Microsoft System Center
• Microsoft Core Infrastructure Suite

Source: Microsoft Product Terms, October 2016