Why Licence Type Matters More Than Most IT Leaders Realise
The type of Microsoft licence you hold determines far more than just the product you can use. It governs whether you can transfer that licence to different hardware, whether you have rights to previous software versions, what your compliance obligations are in an audit, and which commercial remedies are available when Microsoft changes pricing or terms. In 2026, with Microsoft restructuring its commercial programmes and accelerating the shift to the New Commerce Experience (NCE), understanding the distinction between licence types has become a strategic competency — not just an administrative detail.
The following six categories cover every major Microsoft licence type an enterprise buyer will encounter, from legacy perpetual licences to the latest subscription and cloud consumption models.
1. OEM Licences (Original Equipment Manufacturer)
Tied to Hardware — Not Transferable
OEM licences are pre-installed on new computers by hardware manufacturers (Dell, HP, Lenovo, and others) or bundled with new devices by system builders. Windows OEM licences are the most common type — they activate automatically when you first power on a new PC. The defining characteristic of an OEM licence is that it is permanently tied to the device it was first installed on. When that device is decommissioned, the OEM licence goes with it. It cannot be transferred to a replacement machine.
- Transferability: None. OEM licences are non-transferable and cannot be moved between devices.
- Cost: Lower unit cost than retail, because the device purchase and licence are bundled together.
- Support: OEM Windows support is provided by the hardware manufacturer, not directly by Microsoft.
- Audit position: OEM licences are typically the weakest in an audit context — if you cannot produce the original device with the certificate of authenticity (COA) sticker or digital product key record, entitlement is difficult to establish.
- Downgrade rights: OEM licences generally do not carry the same downgrade rights as volume licences. Users cannot typically downgrade Windows OEM to an older Windows version.
2. Retail / FPP Licences (Full Packaged Product)
Transferable — Highest Flexibility
Retail licences — also called Full Packaged Product (FPP) licences — are purchased directly from Microsoft or authorised retailers as standalone products. Unlike OEM licences, retail licences are transferable: you can uninstall the software from one machine, deactivate the licence, and reinstall it on a new device. This makes them the preferred choice for individual professionals who upgrade hardware regularly, but they are rarely cost-effective at scale.
- Transferability: Full. The licence can be moved from one device to another upon uninstall from the original.
- Cost: Highest unit price among all licence types. Not appropriate for bulk enterprise procurement.
- Support: Direct Microsoft support included.
- Audit position: Strong — retail licences come with product keys and clear purchase records, which are straightforward to verify in an audit.
- Enterprise relevance: Minimal at scale. Enterprise buyers rarely use retail licences for broad deployment; they appear most often as one-off purchases for specific users or projects outside the main EA.
3. Volume Licences (Open, MPSA, and Legacy Programmes)
Bulk Purchasing — Downgrade Rights — Reassignment Rights
Volume licences allow organisations to purchase Microsoft software at scale under a single agreement, rather than buying individual retail copies. Minimum thresholds apply: most volume programmes require at least 5 licences. Volume licences bring significant advantages over retail and OEM — specifically, downgrade rights (the right to run an older software version on a newer licence), limited transfer rights, and reimaging rights for standardised deployment.
The main volume licence programmes below the Enterprise Agreement include Open Value (for small and medium organisations, typically 5–250 seats), Open Value Subscription (annual subscription version of Open), and the Microsoft Products and Services Agreement (MPSA — a flexible transactional programme for organisations that want volume pricing without a long-term commitment). As of 2026, Microsoft has been actively steering customers away from legacy Open and MPSA programmes and towards NCE-based models.
- Downgrade rights: Volume licences typically include the right to run older product versions under a current licence. This is a critical advantage for organisations with mixed Windows Server or SQL Server version estates.
- Licence mobility: Volume licences with active Software Assurance (SA) carry licence mobility rights — allowing deployment in shared or outsourced data centre environments and qualifying for Azure Hybrid Benefit.
- Audit position: Requires maintenance of the Microsoft Volume Licensing Service Centre (VLSC) records, order history, and SA tracking. Common audit failure point for organisations that do not maintain their VLSC records systematically.
4. Enterprise Agreement (EA) Licences
500+ Users — 3-Year Commitment — True-Up Mechanism
The Enterprise Agreement is Microsoft's flagship volume licensing programme for organisations with at least 500 users or devices. EA licences deliver the best unit pricing available through traditional Microsoft commercial channels and are structured around a three-year commitment with an annual True-Up mechanism. The True-Up requires the customer to report all licence additions (new users, new products, expanded deployments) in the prior 12-month period and pay for them at the EA unit rate.
EA licences typically include Software Assurance, giving customers upgrade rights, home use rights, Training Vouchers, and — critically — Azure Hybrid Benefit eligibility for qualifying server workloads. As of 2025, Microsoft began rejecting new EA enrolments from some segments in favour of MCA-E (see below), but the EA remains active for existing customers and for large EMEA and enterprise accounts.
- Discounts: Standard EA discounts currently run 10–20% off list price. Historical discounts of 15–25% are no longer typical — the discount range has compressed as Microsoft has tightened NCE pricing floors.
- True-Up window: Runs 60 to 30 days before the anniversary date. The True-Up is a negotiating event, not just an administrative obligation — scope disputes and right-sizing conversations belong here.
- Q4 leverage: Microsoft's fiscal year ends June 30. EA renewals and True-Ups timed to land before June 30 benefit from maximum Microsoft field rep incentive to close, which improves buyer leverage.
- Audit position: The EA's True-Up mechanism provides a degree of built-in compliance protection for the M365 seats and products covered under it. However, products outside the EA scope (legacy perpetual licences, non-covered products) remain separate audit exposures.
Not sure which licence type you actually hold?
Our Microsoft EA negotiation specialists provide a full licence estate review — identifying gaps, over-purchases, and negotiation opportunities before your next renewal.5. Subscription Licences (M365, CSP, MCA, NCE)
Per-User / Per-Month — No Perpetual Rights — NCE Framework
Subscription licences are the dominant commercial model in Microsoft's 2026 portfolio. All Microsoft 365, Dynamics 365, Power Platform, and Azure seat-based products are sold as subscriptions — typically monthly or annual commitments with no perpetual ownership rights. When a subscription lapses, access to the software ends.
The M365 enterprise subscription stack runs E1 → E3 → E5 → E7, with E7 being the new highest-tier SKU above E5 (GA May 2026 at $99/user/month). Microsoft's field teams are actively pushing E5 customers toward E7 at renewal, positioning it as a cost consolidation play across AI, security, and compliance capabilities. E5 is no longer the top or most comprehensive M365 SKU — E7 sits above it.
Subscription licences are delivered through three main commercial channels:
- Cloud Solution Provider (CSP): Purchased through a Microsoft partner, with delegated management, advisory support, and consolidated billing. CSP monthly commit = list price with no discount. CSP annual commit = up to 5% discount.
- Microsoft Customer Agreement (MCA): Microsoft's preferred direct commercial model. MCA is a flexible, evergreen agreement that replaces EAs for some customer segments. Under MCA, there are no True-Ups — you add seats when needed and pay in the next billing cycle. MCA gives Microsoft more pricing control than EA.
- New Commerce Experience (NCE): The underlying transactional framework for both CSP and MCA. NCE standardises subscription terms, introduces monthly and annual commit options, and eliminates legacy volume tier pricing for M365 and Dynamics 365 products.
6. Perpetual Licences
Perpetual licences grant the right to use a specific software version indefinitely — they do not expire when you stop paying (unlike subscriptions). Windows Server, SQL Server, Office LTSC, and most legacy on-premises Microsoft products are still available as perpetual licences, typically through volume licensing channels.
The trade-off with perpetual licences is that they provide no rights to future versions. To upgrade, you must purchase a new licence or add Software Assurance (SA) to the existing perpetual licence. SA converts a perpetual licence into an ongoing relationship that includes upgrade rights, and it also activates key benefits including Azure Hybrid Benefit — which allows qualifying SQL Server and Windows Server perpetual licences with active SA to run in Azure at significantly reduced cost.
In an era of rising subscription costs, perpetual licences remain strategically valuable for predictable, stable workloads where the version upgrade cycle is slow. SQL Server 2022 and Windows Server 2022 perpetual licences with active SA continue to be the most cost-effective path for many on-premises server estates compared to moving to Azure PaaS equivalents at full list price.
Software Assurance: The Licence Benefit Layer
Software Assurance (SA) is not itself a licence type — it is a benefit programme that layers on top of perpetual volume licences to provide upgrade rights, licence mobility, and ancillary benefits. SA is sold as an annual maintenance fee, typically 25–29% of the underlying licence cost per year. The key benefits that make SA strategically valuable are:
- Upgrade rights: Access to the latest product version released during the SA coverage period.
- Azure Hybrid Benefit: Apply qualifying on-premises licences against Azure VMs at reduced compute rates — the single highest-value SA benefit for most enterprises with hybrid or Azure infrastructure.
- Licence mobility: Deploy licences in partner data centres and shared server environments.
- Home Use Programme: Employees can install qualifying Office products on personal devices.
Whether SA is worth renewing depends entirely on how many SA benefits you are actually consuming. Many organisations renew SA automatically without tracking benefit utilisation. Our Microsoft licensing advisory reviews regularly find organisations paying for SA that is delivering less than 50% of its potential value because benefits like Azure Hybrid Benefit have not been properly activated.
Choosing the Right Licence Type for Your Organisation
For most enterprise organisations in 2026, the practical choice comes down to three questions: Are you primarily a cloud-native M365/Azure customer (subscription model via MCA or CSP), a hybrid organisation with significant on-premises infrastructure (EA with SA for server products, subscription for M365), or a large traditional enterprise with a complex mixed estate (EA for core products, with deliberate decisions about which perpetual licences to retain)?
The answer is rarely a single licence type — it is a portfolio. The mistake most procurement teams make is applying a single purchasing strategy across all products and letting Microsoft's preferred model (currently MCA for everything) become the default without independent analysis. Our Microsoft EA negotiation specialists can help you determine the optimal licence mix for your specific estate before your next renewal window.
In one engagement, a European professional services firm had been purchasing perpetual licences for Exchange and SharePoint under MPSA while simultaneously paying for M365 E3 subscriptions that included overlapping functionality. The licence audit identified $340,000 in annual redundant spend. Rationalising to a single subscription tier and eliminating the legacy perpetual stack reduced annual Microsoft cost by 24%. The engagement fee was less than 8% of first-year savings.