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Windows 2003 Server Enterprise Edition w/25 CAL NFR Retail Box P72-00818

Hello,
 
I want to purchase a copy of Win 2003 Server Enterprise edition, and I have few sources who are willing to sell me an unregistered and never installed copy.

That's sounds great.
Their offering indicates the following:

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Windows 2003 Server Enterprise Edition w/25 CAL NFR Retail Box
Part #P72-00818
Full NFR (Not for Resale) version - same as retail box but with NFR stamp. NFR means you cannot resell it once it's installed & in use.
 

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I need to know if this is correct:
"Full NFR (Not for Resale) version - same as retail box but with NFR stamp. NFR means you cannot resell it once it's installed & in use."
 
Is that what it means? NFR, if the particular copy has never been installed, registered or used, can I legally purchase it, install and use it as the end user?

I want to open a hosting company using a Windows OS (I currrently run a Linux hosting company) and I don't want to be in a position when Microsoft comes around and announcing me as a doing anything illegal.

I've seen many Ebay auctions selling those still shrinkwrapped and was wondering if this is legal for me to purchase and use for my business.

I appreciate the input.

-Alon.
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asolell
Asked:
asolell
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1 Solution
 
Lee W, MVPTechnology and Business Process AdvisorCommented:
Sorry, I don't know who told you "Full NFR (Not for Resale) version - same as retail box but with NFR stamp. NFR means you cannot resell it once it's installed & in use." Because it's completely false.

NOT FOR RESALE SOFTWARE/DEVELOPER EDITION SOFTWARE. Product identified as "Not for Resale" or "NFR," may not be resold, transferred or used for any purpose other than demonstration, test or evaluation and you may only access and utilize the Server Software of such Product to the extent such access and use is authorized by the CALs accompanying the "Not for Resale" or "NFR" Product. Product identified as "Developer Edition" or acquired through MSDN may only be used according to the terms and conditions of the MSDN license agreement.

If you want to do anything "production" wise - like hosting other people's web sites, then you CANNOT use an NFR copy.
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Lee W, MVPTechnology and Business Process AdvisorCommented:
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asolellAuthor Commented:
Now I'm even more confused.

"A NFR product cannot be resold, although it may be given away if it has not been opened or installed and contains all necessary licensing information along with the original packaging."

Does this mean if someone gives it to me, and not sell it to me,  I can use it in production?

-Alon.
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WeHeCommented:
"Product identified as "Not for Resale" or "NFR," may not be resold, transferred or used for any purpose other than demonstration, test or evaluation"

Even if you don't want to hear it, it's not legal to use it in production enviroment.
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Lee W, MVPTechnology and Business Process AdvisorCommented:
No, NOT-FOR-RESALE versions are NOT intended for production - even though it may technically work, it would be illegal to do so.  They are meant for Development, testing, and evaluation.
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asolellAuthor Commented:
"They are meant for Development, testing, and evaluation."
There is a huge difference between Meant and actual usage.
Is that a loophole?
If it doesn't explicitly indicate the "Development, testing, or evaluation or Academic" then it could be interperted as
also can be used for production.
I know it ceertainly wasn't the intention of Microsoft to giveaway its product for free for real, but if they didn't
explicitly indicated the limits which are only 4 words, then I'm not sure those particular products are not ok for production
The link you provided suggest there is NFR and NFD where NFD is really something you can throw away, but nothing is
indicated about the NFR.
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Lee W, MVPTechnology and Business Process AdvisorCommented:
Try it then.  If your business isn't worth the $500 for a real Windows server for web hosting purposes and you'd rather take a chance that, IF you ever get audited, you end up having to pay a $10,000 fine or worse, you'll be wishing you hadn't tried to escape on technicalities.

MAYBE if you fight it in court, you'll win.  But as WeHe reaffirmed my first answer.  The software CANNOT be legally used in a production environment.  That was Microsoft's intent.  If you want to try to sidestep it, go right ahead - hope you are/have a good lawyer.
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WeHeCommented:
your are playing with words.
install it and read the EULA.
Any NFR version is not for use in production.
but i belive, W2K3 Enterprise NFR is limited to 120 days and has a 10 connections limit.
nice for a webserver.
why you dont buy W2K3 Web Edition?
where is your need for enterprise edition?
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asolellAuthor Commented:
Well.. it was an interesting discussion and I tried to play the devil's advocate, but you (WeHe and Leew) convinced me that it is not worth the effort.
If you find a $500 for the Enterprise version please don't hesitate to contact me (just make sure it is the P72-00001 :) ).
It's a toss beteen you to guys.. so don't get offended that you didn't get the points.. you were both equally strong about it.
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Lee W, MVPTechnology and Business Process AdvisorCommented:
I agree with WeHe's question though - WHY do you need Enterprise Server?  Are you planning on Running a Cluster?  That's about the only reason standard server - or web server for that matter - won't do.  Standard Server $680 - Web Server $380 - both prices from Newegg.
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WeHeCommented:
And i agree with the points to leew. he was the first.
btw, if you are running linux hosting, why change to windows? do you need asp?
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Lee W, MVPTechnology and Business Process AdvisorCommented:
Another excellent question - I just figured he wanted to offer options... Incidentally, I've heard that insurance for those running IIS servers - even one - can skyrocket.
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