Hi Friend,
Some suggestions.
1. You need to be very clear about MS licensing. If that license let you create 2012 windows server, then it must be applied first on that particular host.
2. If that license is already applied on other host, my understanding is, 2012 VM from that host can not be powered on other host where this license is not there. Hence, when licensed host fails, you need to be ready for downtime. Neither DRS nor HA can help to avoid this downtime.
There are some options you can recover from this situation.
1. Bring back licensed host back and power on the VMs again.
2. Make ready other host with valid license or you can use your earlier failed host license( not sure if it works), and power on the VMs. Make sure both failed host and new host has shared datastore.
1. If you want to keep all VMs on licensed host for 2012 Vms, use DRS VM-Host affinity must rule. But in case of host failure DRS can not move these VMs , even HA can not help.
2. If you do not use this rule, DRS may not aware about MS licensing and it may try vMotion these VMs to other available host for load balancing (where valid license is not there). Eventually vMotion is going to be failed.
Overall, if you do not have valid license for one more host, downtime is must, you will have above mentioned options to recover it.
You can create one dummy VM with 2012 windows server on licensed host and try vMotion to other host where required license for 2012 windows server is not there