[WBEL-users] Redhat Legalese

[Lynn, Michael (IDS DM&DS)]

Here's an interesting bit from the License Agreement Page at http://www.redhat.com/licenses/rhel_us_3.html?country=United+States&

Essentially it says - One system for each purchased RHN service, they have the right to audit and if you've underreported by more than 5% they get to slap you for 20% of the underage.  

--8<--
4. REPORTING AND AUDIT. If Customer wishes to increase the number of Installed System, then Customer will purchase from Red Hat additional Services for each additional Installed System. During the
term of this Agreement and for one (1) year thereafter, Customer expressly grants to Red Hat the right to audit Customer's facilities and records from time to time in order to verify Customer's
compliance with the terms and conditions of this Agreement. Any such audit shall only take place during Customer's normal business hours and upon no less than ten (10) days prior written notice from
Red Hat. Red Hat shall conduct no more than one such audit in any twelve-month period except for the express purpose of assuring compliance by Customer where non-compliance has been established in a
prior audit. Red Hat shall give Customer written notice of any non-compliance, and if a payment deficiency exists, then Customer shall have fifteen (15) days from the date of such notice to make
payment to Red Hat for any payment deficiency. The amount of the payment deficiency will be determined by multiplying the number of underreported Installed Systems or Services by the annual fee for
such item. If Customer is found to have underreported the number of Installed Systems or amount of Services by more than five percent (5%), Customer shall, in addition to the annual fee for such item,
pay liquidated damages equal to twenty percent (20%) of the underreported fees for loss of income and administration costs suffered by Red Hat as a result.
--8<--

This initially sounds like it's only for the RHN service - however, if you read the Terms and Conditions, you'll get a more accurate understanding:

--8<--
The term "Services" as used in this Agreement means, collectively, the Support Services provided under the purchased subscription and defined herein, RHN Services as defined herein, and any Learning
Services purchased under this Agreement and defined herein. The term "Software" means the subscription for the family of software products purchased under this Agreement and defined herein, if any.
The term "Installed Systems" means the number of Systems on which Customer installs or executes the Software. The term "System" means any hardware on which the Software is installed, which may be,
without limitation, a server, a work station, a virtual machine, a blade, a partition or an engine, as applicable. The initial number of Installed Systems is the number of copies of the Software that
Customer purchases.
--8<

-----Original Message-----
From: whitebox-users-admin@beau.org
[mailto:whitebox-users-admin@beau.org]On Behalf Of Hedemark, Magnus
Sent: Thursday, February 12, 2004 12:05 PM
To: whitebox-users@beau.org
Subject: RE: [WBEL-users] Redhat Legalese


Joe Klemmer [mailto:klemmerj@webtrek.com] said:

> 	This is the only one I know the answer to.  If you have 
> RHEL running on
> a system you must have a support "contract" for it.  You can 
> get one set
> of ISOs and install on 15 systems but then you must buy 15 support
> instances.  You can't run RHEL on any system without support for that
> system.

Joe, I thought the same thing was true.  Now I'm not so sure.  Can you cite
specifically, text & URL, where we are forbidden from doing this with RHEL
3?  I just went through the agreement today and I was looking for that bit
and couldn't find it.
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