On 12/29/05, Snake <[EMAIL PROTECTED]> wrote:
> Andy you are incorrect on all counts.

Actually, you're not completely correct on a couple of counts to -- to
be pendantic :)

> There is no additonal cost other than the cost of the action pack. I know
> because we have 2 subscriptions.

Partner requirements vary by region. I don't know the details required
for being a "level 3" partner -- but they can and do vary globally.

> There is nothing stopping you using any of the software within the pack for
> personal use. In fact it would be rather impossible to use any of it for
> development without doing that as you have to install it.
> The pack comes with 10 installs of Windows XP for your office for instance.

You may be using personal to mean something different, but I'll point
you to the text quoted below

"
3.4 The licenses are provided for use at your primary business
location only and must be used only for your internal business
purposes, application development and testing. The licenses are NOT
intended for employee personal use at home, for hosting customer's
applications, or for installation at a customer site and may NOT be
resold, transferred, or assigned to any third party."

(from https://partner.microsoft.com/global/40009853)

So you can use it for personal use *at work* but not at home. IANAL so
I don't want to get into home office, the location of a business when
you've got hosted business servers, etc. But I will say you do need to
be careful about how you use any of the license packs -- MS Action
Pack, MSDE, TechNet, etc. The rules vary.

As an aside, the text above doesn't make it clear if the software is
for "internal business purposes" (comma) and [any] app development and
testing or "internal business purposes" and [internal] app development
and testing. I think the lawyers would argue whichever way makes MS
more money :)

> Also you will note that the original post stated it was for his own use, and
> the fact that he is on this list means he is a developer and thus officially
> he would be using it for development anyway.

That's a huge assumption -- and doesn't meet the legal definitions
necessarily if MS got uppity about it. Does it cover me working on a
laptop at a coffee shop developing an app for a client? Does it a
staging server in our colo on the network that also hosts our
production web server? Does it cover me using a VMWare instance on my
laptop when I'm at a client site trying to troubleshoot a problem on a
server?

There's a *lot* of gray that can get you burned if you play fast and
loose with licenses. Regardless about your *beliefs* about what's ok,
you need to be a little careful if you're in a scenario where you have
the potential to get a visit from the software license police. Course
that's not all that likely for a small dev shop.

> Talk about being Pedantic, sheesh.

Hey -- it's all in the EULA. You read those, right? ;)
--
John Paul Ashenfelter
CTO/Transitionpoint
(blog) http://www.ashenfelter.com
(email) [EMAIL PROTECTED]

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