OEM license on VMWare installation

1. I want to install a Windows OEM-license on a VMWare Server 1.x-platform. That should be OK.
2. Then I want to copy the virtualization files to anotherVMWare Server 1.x installed on another physical system.

Q1: Would this be a violation of the OEM license ? (These two versions are NOT to be run at the same time..)
(The emulated hw-environment would be the same as far as I can see).

Q2: Would this work in practice, or do I have to activate the new installation once again ?

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za_mkhIT ManagerCommented:
Firstly, you cannot use an OEM licence with Virtualization. the OEM licence is physically tied to the hardware of the host to which the OEM licence is attached. So by using it in a VM you are already in breach of MS licencing rules.
Microsoft in their infinite wisdom also state that every copy of a VM, whether it is powered on or not, requires a licence. As to how they can enforce this, I don't know ... but it's a pretty stupid argument IMHO.
But with regards to your questions, yes, you will breach the OEM licence agreement, but it would work! And you potentially may have to re-activate your installation on your copy (but most probably not)

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In Germany you are allowed to run a Vista Ultimate Windows as OEM on vmware. So just check your EULA to see if it fits, if it's mentioned in your EULA you are free to virtualize your windows oem license in vmware.

You have to license windows per (vmware) server not per virtual machine. You are allowed to move the virtual machine to the 2nd server after 90 days running it on the 1st server though. OR if the hardware of vmware server 1 is broken, at once.

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