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On Wed, 15 Jan 2003 11:33:50 +0200, Dan Bar Dov wrote:

> However, the issue at hand is the license agreement.
> Reading the quotes sent by Dmitry Melekhov [[EMAIL PROTECTED]]
> > The term "Installed Servers" means the number of servers on which 
> > Customer installs Red Hat Linux Advanced Server. The initial number
> > of
> 
> > Installed Servers is the number of copies of Advanced Server that 
> > Customer purchases </quote>
> > <quote>
> > 4. REPORTING AND AUDIT.   If Customer wishes to increase the number
> > of Installed Servers, then Customer will purchase from Red Hat
> > additional Services for each additional Installed Server. 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 Customer shall have fifteen (15) days
> > from the date of such notice in which to make payment to Red Hat for
> > any additional Installed Servers, such payments to be determined by
> > the number of additional Installed Servers multiplied by the
> > applicable annual fee for Service per server. If Customer is found
> > to have underreported the number of Installed Server by more than
> > five percent(5%), Customer shall, in addition to the annual fee for
> > Service per Installed Server, pay a penalty equal to twenty percent
> > (20%) of the underreported fees.
> > </quote>
> 
> I find them nulled and voided by the GPL as quoted by Samuel Flory
> [[EMAIL PROTECTED]]

First of all, quoting e-mail addresses in a message body is a bad
habit, because they make it into mailing-list archives in
unscrambled form and can be harvested by address collectors. (unlike
in mail headers, where smart mailing-list archive management tools
filter out sender addresses and protect subscribers) 

Concerning this repeated discussion about Red Hat Advanced Server,
there is a difference between the GNU GPL'ed software packages and
GNU GPL'ed update packages, which are both freely re-distributable
under the terms of the respective licence and EULA, and installation
of the server product itself, which -- when purchased from Red Hat
or authorized resellers -- is tied to a service agreement. You don't
pay for the GNU GPL'ed software, you pay for level of service, QA,
prebuilt installation media, and especially the support and software
services for a specific number of installed servers. 

IMO, this model is not limited to RHAS, but applies also to the
service level of Red Hat Linux Personal and Professional, for
instance, albeit in a limited form. When you purchase a single
licence, but install on more than a single machine, you could use
the support services for issues with more than the one machine.
Hence if you install on more than one machine in agreement with the
licence, you must get service for all the installed servers.

An even different scenario is acquiring a single licence and giving
away the installation media (or copies of it) for other than
demonstration or evaluation purposes. Even when an EULA allows you
to do that, you should think twice whether that would be wise.

- -- 
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