April 2015 PUR
Fail-over server rights do not apply in the case of software moved to shared third party servers under License Mobility through Software Assurance.
Example
Let’s say an end customer purchased a license with software assurance that qualifies for license mobility. Since SA allows failover rights, most service providers (if not all) are under the impression they would get the same benefit in their datacenter as they would on premise. In this example, the end customer transfers a SQL license over to the hoster, the hoster spins up a secondary SQL fail-over server. Given the statement above from the PUR, If they are enabling SQL fail-over they would need a second license under SPLA.
Why is this important?
For starters, compliance. If that secondary server is not properly licensed or your under the assumption that if it exists on premise it must also exist in the cloud you are mistaken.
What about Cold DR?
Doesn’t exist anymore.
What about SQL Failover for SPLA specifically?
SQL SPLA licenses have fail-over rights. Read the SPUR
What about other products for disaster recovery?
The SPUR has specific language around DR, how long the server can be active (non-production), when Windows would need to be reported, etc.
Any workarounds?
SAL for SA – I think this would fit well for DR. Customer can still run the software on premise and spin up a second server in the cloud.
Normal SALs- 1 user SAL license can access multiple servers. Could be another option if the customer is against license mobility.
In the words of a famous hoster “it’s not how you license…it’s how long can you get away with not licensing that really matters” He was audited immediately following that statement.
Thanks for reading,
SPLA Man
SPLA Licensing 