Solved

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

Posted on 2013-01-16
7
820 Views
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
0
Comment
Question by:mike2401
[X]
Welcome to Experts Exchange

Add your voice to the tech community where 5M+ people just like you are talking about what matters.

  • Help others & share knowledge
  • Earn cash & points
  • Learn & ask questions
7 Comments
 
LVL 37

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.
0
 
LVL 5

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
0
 
LVL 1

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.
0
Edgartown IT Case Study

Learn about Edgartown's quest to ensure the safety and security of the entire town's employee and citizen data. Read the case study!

 
LVL 37

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.
0
 
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?
0
 
LVL 5

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.
0
 

Author Comment

by:mike2401
ID: 38783567
Thanks everyone!

Mike
0

Featured Post

DevOps Toolchain Recommendations

Read this Gartner Research Note and discover how your IT organization can automate and optimize DevOps processes using a toolchain architecture.

Question has a verified solution.

If you are experiencing a similar issue, please ask a related question

Suggested Solutions

Title # Comments Views Activity
Windows Modify Permissions 19 66
Move FSMO roles... 9 41
Extending VM Disk to be larger than 2 TB ? 11 109
Editing a .bat file to point to a different directory 5 42
In this article, I will show you HOW TO: Suppress Configuration Issues and Warnings Alert displayed in Summary status for ESXi 6.5 after enabling SSH or ESXi Shell.
A safe way to clean winsxs folder from your windows server 2008 R2 editions
This tutorial will walk an individual through locating and launching the BEUtility application to properly change the service account username and\or password in situation where it may be necessary or where the password has been inadvertently change…
This tutorial will show how to configure a new Backup Exec 2012 server and move an existing database to that server with the use of the BEUtility. Install Backup Exec 2012 on the new server and apply all of the latest hotfixes and service packs. The…

733 members asked questions and received personalized solutions in the past 7 days.

Join the community of 500,000 technology professionals and ask your questions.

Join & Ask a Question