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Microsoft Select License provision

I am preparing for a negotiation with Microsoft over a new provision that 
they appear to be adding to many, perhaps all, of their contracts with us 
(I've seen it repeatedly lately).

The provision permits Microsoft to have professional auditors audit our 
components (this will be a System-wide license) for copyright compliance, as 
frequrently as  they want, and if they find that our computers have copies 
of MS products for which no license has been purchased under the contract, 
we have to buy a license for the product. Further, if there is material 
noncompliance (less than 95% compliance) we have to pay the cost of the 
audit(s) and a 20% penalty.

I would be interested in anyone's experiences who has worked with Microsoft 
to modify this provision.

I will share the results of my negotiations.

Georgia Harper
Univ. of Tx. System
Office of General Counsel
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