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Sell "used" MS Server 2008 licenses? Any value?

Posted on 2013-01-16
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Last Modified: 2013-01-16
We have 30 Server 2008 standard licenses (volume licensed, NOT OEM).

We're about to buy fresh copies of Server 2012 Data Center so we can enjoy unlimited guest vMotion-ing back and forth on our 4 hosts in our VMWARE cluster.

Since our Data Center purchase are NOT upgrades, I was wondering if any value can be reclaimed from the 30 Server 2008 licenses we are about to abandon.

Can these be sold or transferred some way?

Are they worth anything?

Thanks,
Mike
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Question by:mike2401
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Expert Comment

by:Neil Russell
ID: 38783421
Nope, you own nothing except a licence to use that software by the company that purchased it. The licence can not be resold.
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Expert Comment

by:albelo
ID: 38783453
From the Software License Terms for SQL Server 2008 Standard

TRANSFER TO A THIRD PARTY. The first user of the software may transfer it, this agreement, and CALs directly to a third party. Before the transfer, that party must agree that this agreement applies to the transfer and use of the software. The transfer must include the software and the Proof of License label. The first user may not retain any instances of the software unless that user also retains another license for the software.

So if you are the first user of the software and have the Proof of Purchase Label, you can transfer it one time.
SQL-Server-Standard-2008-English.pdf
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Assisted Solution

by:Slagwag
Slagwag earned 50 total points
ID: 38783472
albelo is 100% correct. I had previous purchased a 5 pack Windows 2008 Standard license and verified with Microsoft that it was legal to sell that along with a physical server to another company. Similar situation where the license was not OEM and they were not required to install it on that server to use the licenses.
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Accepted Solution

by:
Neil Russell earned 400 total points
ID: 38783479
The issue here is that it is Volume License not Retail. The license is different.

There is an argument that you MAY transfer ownership of the ENTIRE Volume Licence Agreement but not transfer ANY individual key.

Licencing is a grey area and even a good software lawyer will have a different take on it most months of the year.

*** Disclaimer ***

This is NOT legal advice. It is an opinion. You should seek legal advice from a professional if you feel you are unclear of the law.
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LVL 37

Expert Comment

by:Neil Russell
ID: 38783499
TRANSFER TO A THIRD PARTY. The first user of the software may transfer it, this agreement, and CALs directly to a third party. Before the transfer, that party must agree that this agreement applies to the transfer and use of the software. The transfer must include the software and the Proof of License label. The first user may not retain any instances of the software unless that user also retains another license for the software.


Now how do you do that with a VL purchase?
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Assisted Solution

by:albelo
albelo earned 50 total points
ID: 38783516
Neilsr is correct, I missed the Volume Licensed part.  You would have to transfer all licenses within the agreement to one party.

You would also have to fill out the Perpetual License Transfer Form” which can be found HERE.
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Author Comment

by:mike2401
ID: 38783567
Thanks everyone!

Mike
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