SAS contracts set what a customer may use. The SAS licence file only enforces it. For new purchases, SAS uses a three-part structure. A short Order Form lists “the products, fees and business terms”. It links to the online Universal Terms and to one or more offering Addenda.[1] “All new purchases from SAS use the new contracts.” Long-term customers can move from their Master License Agreement and Supplements to the new contracts.[1] Separately, SAS’s technical support policies decide whether licensed software is still maintained. Standard Support depends on paid maintenance and on running supported releases.[5] See SAS licensing for the overview.
Editions
Contract documents. The Contracting Index lists the Universal Terms in several languages, and Addenda for SAS software, JMP, consulting services, Hosted Managed Services, Remote Managed Services, subscriptions and the subscription service level warranty. It also lists training, country-specific terms and SAS Evaluation Terms, and keeps an archive of earlier versions.[2] Universal Terms apply to all offerings except standalone training points. The Addenda add terms for the specific software or service.[1] Customers accept the Order Form through DocuSign.[1] Catalog: Universal Terms apply to all offerings except standalone training points.
SAS Talon terms. SAS publishes on sas.com the Master Subscription and Services Terms for software ordered under a SAS Talon Subscription and Services Order Agreement. Where they conflict with the Order Agreement, the Order Agreement prevails.[3] They are the fullest SAS licence text publicly available on sas.com and are summarised below as an example of SAS contract drafting.
Channels. SAS sells directly, through authorized resellers and on the Microsoft and AWS marketplaces.[8] Reseller and marketplace purchases may carry the channel’s own commercial terms.
Metrics
The public pages do not state the pricing metric of a given order, which the Order Form sets.[1] The SAS Talon terms require the customer to “keep records of where the Software is installed and used and the extent of usage of the Software relative to the applicable pricing metrics and usage rights”. The customer must provide these records on request and notify SAS of operating-system changes or “any factor affecting the applicable pricing metric”.[3] Technical metrics enforced by the licence file are described in SAS 9 setinit and license renewal and SAS Viya licensing. Catalog: Customer must keep records of installation and usage against pricing metrics.
Counting / floors
Non-production use. SAS states that customers under the current contracts can “Take advantage of non-production test, development or failover installations at no additional charge for most software licenses.”[1] Catalog: Non-production test, development and failover at no extra charge.
Related entities. Customers can “Use the software for the benefit of your related entities globally, by simply upgrading the license quantity to meet your needs.”[1] As commentary: affiliate use therefore increases the licensed quantity, so the quantity on the Order Form should reflect every entity that uses or benefits from the software. Catalog: Related entities may use the software by increasing the licence quantity.
Mid-term changes. SAS UK keeps a single renewal date when software is added or upgraded mid-term, and prorates fees for the remainder of the period.[4] Catalog: Mid-term additions are prorated to the existing renewal date.
Virtualization & partitioning
The contract summary pages say nothing about virtualization. Technical rules for subcapacity licences and SAS’s virtualization support policy are covered in SAS 9 setinit and license renewal.
Cloud / BYOL
Marketplace purchases offer pay-as-you-go or bring-your-own-license options. Azure Marketplace purchases can count toward a Microsoft Azure Consumption Commitment.[8] The SAS Talon terms prohibit using the software “in a service provider or time-sharing arrangement”.[3] Customers that run SAS for others should check whether their own contract has a similar restriction.
Programs
Purchase orders. SAS UK accepts purchase orders only on condition that conflicting or additional terms in them “shall not form part of the Licence Agreement(s)”. “Any and all such conflicting or additional terms are hereby rejected by SAS.”[4] Catalog: Purchase order terms do not form part of the SAS licence agreement.
Renewal and payment. SAS UK emails a pre-renewal notification about 120 days before the renewal date. It sends the licence key to the Main SAS Representative once fees are paid.[4] The SAS Talon terms make the software depend on a Product Authorization Code. “At each new subscription period, Customer must apply a new Product Authorization Code to enable the Software to operate”, and SAS need not provide it while the customer is in breach.[3] Catalog: Pre-renewal notice about 120 days before renewal; Product Authorization Code must be applied each subscription period.
Standard Support. Standard Support is “available to verified Customers with a valid Technical Support license number, Software under Standard Support, and no outstanding maintenance fees.”[5] Software must also run on systems that meet SAS system requirements.[5] Under Fixed Lifecycle Delivery (SAS Viya 3.5, SAS 9.4 and earlier), releases generally get “a minimum of five years of Standard Support”.[5] For SAS 9.4M9 that runs to 2030-07-01, and for SAS 9.4M8 to 2028-02-01.[6] The SAS Viya platform instead requires updates at least every three months on the Stable cadence, or every two years on Long-Term Support.[7] Catalog: Standard Support requires no outstanding maintenance fees; Fixed Lifecycle releases get at least five years of Standard Support; SAS 9.4M9 Standard Support until 2030-07-01.
Limited Support. When Standard Support ends, software no longer gets security patches, bug fixes or Standard response times. Cases do not qualify for Severity 1 or 2 handling, and “Software in Limited Support is no longer available for download from SAS.” However, “Customers with active licenses and no outstanding maintenance fees are entitled to update to Software covered under Standard Support.”[5] Catalog: Limited Support software is not downloadable; customers in good standing may update.
Extended Technical Support is a paid offering for software in Limited Support. It can be combined with SAS Premium Support or SAS Customized Support.[5]
Audits and compliance
The SAS Talon terms contain the audit clause that SAS has published on sas.com:
Upon fifteen (15) business days’ notice to Customer, SAS will have the right to conduct an on-site audit during Customer’s normal business hours to verify compliance with the terms and conditions of this Agreement.[3]
If the audit shows additional subscription fees are owed, the customer pays them and “SAS’ reasonable expenses in conducting the audit”.[3] The same terms:[3]
- allow copies “only for disaster recovery and back-up purposes”;
- prohibit reverse engineering except where law forbids the restriction;
- prohibit assignment without SAS’s written permission;
- let SAS terminate immediately for violation of its intellectual property rights; and
- require the customer to “delete and destroy the Software” on termination or non-renewal.
SAS’s liability is capped at the subscription fees paid for the software at issue in the applicable annual subscription period.[3] Catalog: On-site audit on 15 business days’ notice; Delete the software on termination or non-renewal; Talon terms: licence for the Committed Subscription period; no service-provider use.
As commentary: whether the Universal Terms contain the same audit and record-keeping duties could not be checked for this article. A licence manager should read the customer’s own Universal Terms version and Software Addendum, which the Order Form identifies. SAS has also taken licence disputes to court; see SAS Institute v. World Programming and software license audit.
Out of scope
- The text of the SAS Universal Terms, Addenda and Master License Agreement, which could not be retrieved.
- Country-specific terms and public-sector contract vehicles.
- SAS Cloud, Hosted Managed Services and Remote Managed Services service levels.
- JMP licensing.