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afurnessFlag for United Kingdom of Great Britain and Northern Ireland

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Server 2008 R2 Action pack license allows use of passive server?

Hello, I'm looking at migrating from SBS2008 / Exchange 2007 to Server 2008 R2 / Exchange 2007.
However this is a licensing question.

We are subscribed to the microsoft action pack and have a license for Server 2008 R2 enterprise and a license for Exchange 2007.
I want to set up our new server so it uses a Passive failover server.
This means another physical serve that will take over if the main one fails.

I'm wondering if I can just use the 1 license for Server 2008 R2 and Exchange 2007, as the second server is just a failover server.
It's my understanding that if the license is SA (Software assured) this is possible, but I'm not sure  if the Action Pack licenses are SA.

Has anyone done something like this?
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Tony J
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Been on the phone to MS.
I got a few conflicting answers depending on who I spoke to, so I'm waiting on a proper answer via email.

But I think the general gist of it is you DO need a separate license for each server, thanks :)