Microsoft OEM licences and ESX - is it legal ?

[minbur]

Hi, I am considering using ESX to virtualise some of our servers. The

first thing I wondered was.

Can I use the OEM license that came with the server ?

server came with windows 2003 standard edition. is it legal to install

ESX on that server and then create a virtual 2003 server using the OEM license

code ( I am sure that I could do it, but is it legal ? )

I have searched this forum and found a few people asking similar questions,

and most of the threads seem to have at least one person ( often a moderator )

saying that although it’s possible, it breaks the EULA and so is illegal ?

is there an official white paper that outlines this area specifically ?

I would like a definitive one way or the other before I set out a

proposal.

Many thanks for your time.

[vmroyale]

OEM licenses are tied to hardware. The exact answer to your question is covered in the 6th question on this FAQ at Microsoft's site.

[minbur]

thankyou I take it you mean this :

Q. Can I move an original equipment manufacturer (OEM) license for Microsoft Windows Server to a virtual machine into another virtual machine? How is the situation handled?

A.

You may not transfer OEM server licenses from the original machine to a different machine. Any Microsoft Windows Server license that is preinstalled on a new computer from an OEM or that you acquire through any Microsoft Volume Licensing program is tied to the computer on which the licensed software is first installed. This applies to the initial copy that is installed on the computer and to any subsequent copies that are licensed to run with virtual machine software.

However, if you have enrolled this license in the Microsoft Volume License agreement and purchased Software Assurance for this preinstalled license within 90 days of the original purchase, you receive the benefits, including license reassignment, associated with the Volume License program. You can then move that license from one computer to another, including to a virtual machine.[/quote]

I did in fact find this and to be honest, it did not clear it up for me.

its not a volume licence, just a bog standard OEM, the ESX would be runing on the same hardware as the OEM came with and so would the OEM

( although on a virtual machine on the physical hardware )

So I am not trying to move an OEM licence to another phuyscal machine, its going to be on the same physical machine, but inside a virtual environment

from the above I would guess that a virtual machine, even if running on the same physical machine, is considered a different machine and therefore you cannot use the OEM on it.

but is this the case ?

sorry but it doesn't seem to be specific enough.

[hstagner]

Hello minbur,

To simplify. An OEM License is tied to hardware. A virtual machine has different hardware. So, you can't use the OEM license on a virtual machine. Keep this in mind when using VMware Converter as well. I hope this helps.

Don't forget to use the buttons on the side to award points if you found this useful (you'll get points too).

Regards,

Harley Stagner

[minbur]

To simplify. An OEM License is tied to hardware. A virtual machine has different hardware[/quote]

OK, but it WILL be on the same hardware, or is a virtual machine on the same physical hardware considered different hardware ?

this is what I mean about definitive answer in a white paper or something. We do not want the OEM licence on any new hardware, on exactly the same hardware as before, we just want to also put another OS on that hardware that runs at the same time ( namely a proxy which we have non OEM licencing for )

Sorry if I am being stupid but I have been caught up in licencing issues in the past, and want to make sure I do not get the same issues this tim.

many thanks

[vmroyale]

You cannot transfer the OEM license to a virtual machine, unless you enrolled the OEM license in the Microsoft Volume License agreement and purchased Software Assurance for this preinstalled license within 90 days of the original purchase. You can then move that license from one computer to another, including to a virtual machine. In this case, a virtual machine is considered another piece of hardware.

I'm sure that Microsoft licensing would be happy to clarify this for you. You can go chat with them right now at the Microsoft site.

[minbur]

thanks, I did try the chat out.

they told me to call microsoft rather than actually answer my question :smileywink: seems like this area might be a bit of a headache for them too.

but thankyou for your answer, I figured that they would require a different licence than oem, but considering the os would be on the same hardware it seemed reasonable that we would be able to use in this way.

ho hum ...

[hstagner]

If you think about it. The OS is on Different Hardware. The Virtual Machine is a set of emulated hardware just like a physical machine is a set of hardware. In effect, it's like transferring the license from one physical box to another. The situation is no different. I hope this clarifies things for you.

Don't forget to use the buttons on the side to award points if you found this useful (you'll get points too).

Regards,

Harley Stagner

[TomHowarth]

Minbur

Welcome to the forums

Unfortunately the hard cold truth of the matter is the you cannot transfere an OEM license from the original machine it was factory installed in, this includes to a VM running on the origninal phyiscal hardware. to the activation process the VM is seen as a completely new peice of software and will invoke the activation process, technically can install the product, call MS and reactivate it. but you will not be in a lawful postition.

Licesncing is quite a technical area, but basically

OEM = No way

VLM = yes

Retail = Yes

in other words, full cost licenses and those that generate a recuring revenue (IE SA) can be virtualised but discounted OEM ones can't

If you found this or any other answer useful please consider the use of the Helpful or correct buttons to award points

Tom Howarth

VMware Communities User Moderator

[minbur]

Thankyou all for your help, I have uszed said buttons I think and they no longer show up :smileywink:

but thankyou again for your help, its is what I feared but hoped would not be :smileywink: