Tips

As the Microsoft California Settlement claim deadline approaches, the Settlement Recovery Center is working around the clock to complete claims for all of our clients. To help businesses that are not our clients, we have compiled this tip sheet, culled from our knowledge of the settlement.


Tips:

  1. Make sure you have included your business's Tax Identification Number on the front page of the claim form; without that number claims will not be processed.
  2. If you purchased computers with the Windows 3.1 operating system, there is a loophole that increases the value of your claim. You should claim a DOS (6.x) license for every Windows 3.1 license you submit, as the two programs were packaged together.
  3. Don't forget "OEM" licenses. OEM licenses are for software that is bundled along with a computer. That is, you don't have to have purchased the software separately from the computer to claim it. If you purchased a PC you likely acquired, at a minimum, a license for Windows. Make sure to claim it.
  4. If your business leased computers (as opposed to outright purchase) those computers may qualify under the terms of the settlement. While this issue has not yet been resolved, many leases have a buyout clause that enables the lessee to purchase systems for a pittance at the end of the lease. If your business lease has this language, your licenses may qualify and you should claim them. Likewise, some leases have language that confers ownership of the software to the lessee. If your business lease has this language, it most likely qualifies. If you are in doubt, include the leased machines.
  5. Although Windows XP is not explicitly included in the "allowable product" appendices, it can be claimed as long as the purchase date falls within the settlement period.
  6. If you cannot locate vendor records from early years in the settlement (a common problem), a fixed asset report or other internal document showing PC purchases can be used as proof of ownership of the licenses. These documents should be explained with a short memo.
  7. It is not necessary to include original receipts or original box UPC symbols to back up OEM purchases. Copies of software boxes, invoices, and accounting records are all usable as backup materials.
  8. Virtually every desktop and laptop computer sold during the settlement period was shipped with a copy of Windows pre-installed. Because of this, the claims administrator has indicated proof of a PC purchase can be sufficient for a license claim, even if a Windows license is not explicitly stated on the invoice, fixed asset report or other supporting documents.
  9. All volume license agreements are eligible under the settlement-open, enterprise, select, and academic variances are ok.
  10. Server systems are not included in the settlement. Any software that is an Enterprise edition or a client access license (CAL) is not included in the settlement.
  11. Macintosh versions of Office, Excel, Word, and Works may not be claimed.
  12. While governmental entities are not entitled to file, nonprofits can, even if they got their MS software at a substantial discount.
  13. Lucky 13 is "don't forget to check the box." On the front of California claim forms, you can check a box which requests that Microsoft search through their volume license databases for your company records. While we are still waiting for check the box reports to be delivered, all corporate claims should include a check the box request.
  14. If you have made IT purchases since July 18, 2003, you can receive your claim in cash instead of vouchers. Just fill out section F of your claim form and include the proper receipts.


Individual Tips:

If you have not filed an individual claim yet, the process is quick and easy. California claims for individuals do not require any proof of purchase for claims of five items or fewer. Individual claim forms can be downloaded from http://www.microsoftcalsettlement.com, or we would be happy to email one to you along with a simple set of instructions. The deadline for individual claims is January 8, 2005.

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