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Licensing question regarding virtual replicas and Microsoft Server OS

Posted on 2015-02-03
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Hello Experts - I am currently backing up about a dozen virtual instances of Windows Server 2008 R2 Enterprise using Veeam then replicating them offsite.  If my primary site burns down am I legally allowed to use my offsite replicas or would I be violating the license terms by doing so?
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Question by:danbrown_
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Lee W, MVP earned 500 total points
ID: 40587257
I would say it depends.  If the primary site is using OEM versions, then you WOULD BE VIOLATING LICENSE TERMS!

If they are not OEM, then, as I understand licensing, licenses are transferrable once every 90 days or sooner in the event of hardware failure.  If the primary site burned down and the hardware was lost, then you WOULD BE LICENSED as is.  The licenses would "transfer" to the new systems.

HOWEVER, if your primary site lost power for a week because of a storm, then you WOULD be violating licensing if you activated your remote site AND returned the VMs back to the primary site in less than 90 days.

All that said:
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License information provided here is "best efforts".  The comments of the respondents are based on interpretation of the license agreements and their knowledge of the particular laws and regulations in their geographic location.  Laws in your location may invalidate certain aspects of the license and/or licenses can change.  "They told me on Experts-Exchange" will not be a valid excuse in an audit.  You need to contact the license granting authority to confirm any advice offered here.
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by:danbrown_
ID: 40587281
Perfect, thank you!
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