RE: Oracle license requirements for unused options

  • To: "Allen, Brandon" <Brandon.Allen@xxxxxxxxxxx>, <Jay.Miller@xxxxxxxxxxxxxxxx>, <oracle-l@xxxxxxxxxxxxx>
  • Date: Wed, 18 May 2011 16:06:39 +0100

Brandon,

I'm in total agreement with you regarding the wording of the vast
majority of Oracle docs, honest, I can only pass on what I was advised
and given by Oracle during the audit. Everything that I had at the time
specified that usage required licensing and nothing mentioned anything
about l9icensing an install.

Here are a few examples of documents that do specify use, as you have
found as well:

1. Doc Id 269040.1 Oracle 9i Database Feature and Option Availability -
modified 22-Oct-2010 - states in a note on the first page that: 

"Unlike pre-Oracle9i releases, all features and options applicable to
your configuration are included on your product CD-ROM and are shipped
enabled. *Options must be licensed for use*." *Oracle's emphasis)

2. In the same doc, in the section entitled Oracle9i Database Release 2
Options, we see another note that states:

"Options to the Oracle9i Enterprise Edition expand Database performance
and manageability. Options are included on your product CD ROM but must
be licensed for use."

So, twice in the same document, we get told that we must license for
*use* and for *install*. So far, this is how we were operating back
then, install the default options and license those we needed to use.


We were supplied with a document from Oracle, as a pdf, entitled
"Software Investment Guide" which states similar things to the note
above, licensing is for use, not for installation. 

* On page 7 we see "While it's not a good idea to purchase more software
than you need, you do need to buy enough. Make sure you do an adequate
assessment of your company's usage requirements."

* On page 9, in the section Software License Agreement, we see the
following "A software license agreement is a contract between a software
company and the user of that software. The software license grants the
user specific rights to use the software in particular ways. ..."

So far so good, everything appears to be referring to "use" as opposed
to "installation", but then:

* On page 9, in the section License Metrics, we see "An example of a
common license metric, which is used for Oracle's enterprise
applications, is an "Application User," which is defined as "an
individual authorized by Customer to use the applicable licensed
application programs which are installed
on a single server or on multiple servers regardless of whether the
individual is actively using the programs at any given time. ..."

There are further references on page 14:

"This product can be licensed by Processor or by Named User Plus metric.
By Processor: all processors where the database is installed and/or
running must be licensed. ..."

and 

"Minimums for this metric may be discrete quantities, or they may be
based on the number of processors in the machine on which the software
will be installed and/or run."

Searching the document for further occurrences of "install" turn up
many, and most are along the lines of "installed and/or running". On at
least one example, Oracle even emphasise the word "installed" on page
25, referring to Oracle Database EE (remote mirroring environment on
server 2):

"Given that Oracle DB EE is *installed* on server 2, it must be licensed
by either Processor or by Named User Plus metric."

So now we are speaking about installation and/or running the software -
either way around requires a license. (There are various licensing
documents, including this one, available on
http://www.oracle.com/us/corporate/license-management-services/index.htm
l)

I am, unfortunately, unable to get hold of the large document I
mentioned (protected by starving leopards!) which was the first one that
Oracle pointed me at re having to license installed products. Sorry.

Hopefully though, the above should show that "installed and/or run" as
frequently quoted by Oracle in their documents, means installing an
option or feature does require a license.


Cheers,
Norm.

Norman Dunbar
Contract Senior Oracle DBA
Capgemini Database Team (EA)
Internal : 7 28 2051
External : 0113 231 2051




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