Bare Metal Restore To New Hardware.... Licensing

OK we have a DR server to put in place, same manufacturer newer model... just.
The new server is better so were going to bare metal restore it and use the old one as a DR... the DR solution is Virtual so we'll probably just instal 2003 and run it in Virtual box if need arises.
 
My question is though.. does the the current sbs2008 license transfer to the new server as I've bare metal restored it to new hardware... or will Microsoft sting us a few months down the line??
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CRL ltdAsked:
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James HIT DirectorCommented:
Yes, OEM licensing is tied into the hardware, specifically the motherboard.
In the event of a hardware failure/loss, you will have to purchase a new license.

http://www.microsoft.com/oem/en/licensing/sblicensing/pages/licensing_faq.aspx

 Q. Can a PC with an OEM Windows operating system have its motherboard upgraded and keep the same license? What if it was replaced because it was defective?
A. Generally, an end user can upgrade or replace all of the hardware components on a computer—except the motherboard—and still retain the license for the original Microsoft OEM operating system software. If the motherboard is upgraded or replaced for reasons other than a defect, then a new computer has been created. Microsoft OEM operating system software cannot be transferred to the new computer, and the license of new operating system software is required. If the motherboard is replaced because it is defective, you do not need to acquire a new operating system license for the PC as long as the replacement motherboard is the same make/model or the same manufacturer's replacement/equivalent, as defined by the manufacturer's warranty.

The reason for this licensing rule primarily relates to the End User Software License Terms and the support of the software covered by that End User Software License Terms. The End User Software License Terms is a set of usage rights granted to the end user by the PC manufacturer and relates only to rights for that software as installed on that particular PC. The system builder is required to support the software on the original PC. Understanding that end users, over time, upgrade their PCs with different components, Microsoft needed to have one base component "left standing" that would still define the original PC. Since the motherboard contains the CPU and is the "heart and soul" of the PC, when the motherboard is replaced (for reasons other than defect) a new PC is essentially created. The original system builder did not manufacture this new PC, and therefore cannot be expected to support it.
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James HIT DirectorCommented:
Is this an OEM license?
If so, then you be prompted to reactivate and have to purchase a new license.
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arnoldCommented:
A bare metal restore will replicate the system you have rather than provide a DR option.
A DR requires that the systems are kept synchronized.  I do not believe you can have two SBS's running at the same time.

You should consider having two servers where one is the SBS and the other is a plain windows server that is a secondary domain controller.  SBS2008 and server 2003 R2 and newer can have shares that replicate using DFS replication.

Spartan posed the question dealing with the licensing.
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CRL ltdAuthor Commented:
I believe it is an OEM... However a we're not duplicating the license, just replacing the hardware...

If the hardware had failed.... fire / flood etc do you need a new license for your bare metal recovered SBS???
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CRL ltdAuthor Commented:
Thanks Spartan...

We had one but were pondering on an RMA...
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