HP Policy: Cross Platform Software License Trade-in and Transfer to Integrity or HP 9000 servers

objective

Identify cross-platform software license trade-in and transfer conditions for the paths listed below.

Software license trade-in and transfers within the same hardware and operating system platform are described in the HP Policy: Within Hardware Platform Software License Trade-in and Transfer for Integrity and HP 9000 Servers.

scope

This policy applies solely to software license trade-in and transfers for those new and remarketed systems sold by HP and its authorized reseller partners. This policy does not apply to used systems sold through non-HP-authorized resellers.

For an Alpha and VAX software license trade-ins, this policy applies to a defined set of software products licensed under HP software license terms and conditions. This policy does not apply to Alpha and VAX software licensed under shrink-wrap or PC-style licenses.

For an HP-UX software license trade-in, this policy applies to a defined set of HP-UX Operating Environments and core HP-UX layered software products licensed under HP software license terms and conditions.

For an MPE/iX software license trade-in, this policy applies to a defined set of software products licensed under HP software license terms and conditions.

At HP's discretion, license trade-ins may be offered for Third-Party or royalty bearing software products. Where available, these trade-ins may be offered at trade-in credit rates that are different from those offered for HP software product trade-ins described below.

definitions

Cross platform software license trade-in: When a software license is traded-in for a new software license or software licenses on a different hardware and/or operating system platform, the original software license is terminated and a new software license is granted under HP's then current end user software license terms in effect at the time of the new license purchase.

Software License Transfer (redesignation) within the same legal entity: For the transfer of software licenses from one system to another system within a legal entity, the software license must be valid for the Target System the software is being transferred to. For example, a Tier 1 license can only be transferred to another Tier 1 system. Per-Processor Licenses are valid for all systems within an HP 9000 or Integrity server family.

Original System: means (a) the system that is being traded in or (b) the system that the software license is being traded or transferred from.

Target System: means (a) the system or systems the customer has obtained to replace the Original System or (b) the system the software license is being traded or transferred to.

Server Rollover: When one or more Original Systems are traded-in for an equal number of Target Systems of similar size (number of processors).

Server Consolidation: When multiple servers are traded-in for a smaller quantity of new servers.

policy statement

HP allows Operating System, Operating Environment (OE), and layered (application) product software licenses to be traded-in for equivalent product software licenses on a different hardware platform.

When trading-in the foregoing software licenses, the following conditions apply:

• Software licenses may be traded-in with or without a system purchase.
• The new software must be licensed to the same licensee of the software that is traded-in.
• The customer must provide proof that it has a valid right to use license for the software products that are traded-in. (Reference HP Policy: Proof of a Software License ).
• The original software license(s) are terminated at trade-in, or as defined in the hardware trade-in contract to allow for a parallel usage period. Reference Parallel Usage, below.
• The new software licenses are valid for the then current version of the product as of the effective date of the trade-in, and previous versions.
• For OpenVMS and Tru64 UNIX products that utilize the License Management Facility (LMF), the LMF keys for the software licenses traded-in must be unloaded from the license database of the Original System(s).
• Software licenses for leased systems may not be traded-in.

software licenses covered by a software updates contract:

• Software licenses covered by an HP Software Updates contract that includes rights to new versions, may be traded-in for 100% credit off the equivalent new software licenses for permitted license trade-ins. Reference Permitted Software License Trade-ins and Application of Software License Credit, below.
  
  Software licenses traded-in must have been on HP support (Software Updates) for at least one year prior to the effective date of the trade-in.

Operating System Software Licenses

• For all cross platform software license trade-ins, Operating System or Operating Environment software licenses from the Original System must be traded-in and new Operating Environment software licenses purchased. Trade-in credit will be applied to the order.
• At time of trade-in, the support contact for each system must be updated, or a new Software Updates contract purchased for the new system.

Layered (application) Product Software Licenses

• For HP-UX on HP 9000 servers to Integrity Server Rollovers, if the software license being traded-in is the same license product number on the Target System, that software license may be transferred to the Target System and does not need to be traded-in.
• At transfer, the support contact for each system must be updated, or a new Software Updates contract purchased for the new system.
• For all other cross platform paths, including HP 9000 to Integrity Server Consolidations, software licenses must be traded-in and new layered product licenses purchased.
• At trade-in, the support contact for each system must be updated, or a new Software Updates contract purchased for the new system.

software licenses not covered by a software updates contract:

• Software licenses not covered by an HP Software Updates contract or software licenses covered by an HP support contract that does not include rights to new versions may be traded-in for 60% credit off the equivalent new software licenses for permitted license trade-ins provided the following conditions are met. (Reference Permitted Software License Trade-ins and Application of Software License Credit, below:
• A Software Updates contract that includes rights to new versions must be purchased at the time of the software license trade-in and new software license purchase.
• The newly purchased Software Updates contract must be, at minimum, 1 year in duration and must be pre-paid for the first year.

Operating System Software Licenses
• For all cross platform software license trade-ins, Operating System or Operating Environment software licenses from the Original System must be traded-in and new Operating Environment software licenses for the Target System(s) must be purchased. Trade-in credit will be applied to the order.

Layered (Application) Product Software Licenses
• Layered product software licenses must be traded-in and equivalent layered product software licenses purchased for the Target System(s). Trade-in credit will be applied to the order.


• If an HP Software Updates contract is not purchased, no license credit is allowed and software licenses must be purchased at full price.

permitted software license trade-ins

HP permits single or multiple software licenses to be traded-in for another software license or licenses for the equivalent product. HP defines equivalent products for different platforms, as defined below.

• Operating system and specified layered (application) product software licenses may be traded-in for the equivalent Operating Environment software license(s). These trade-in paths are defined in the Product to Operating Environment (OE) Software License Maps.
• Select layered (application) product software licenses may be traded-in for equivalent application product software licenses. HP defines equivalent product mapping in the Software Layered (application) Product Equivalency Map.

If the Target System does not have a defined equivalent product, the software license may not be traded-in.

application of software license credit

In many cases, the software license being traded-in will not be the same software license type offered on the Target System(s). (For example, the software license being trade-in might be a system tier software license and the software license for the equivalent product on the Target System might be offered as a Per-Processor Software License.) As a result, the credit is calculated as follows.

• Percent (%) credit is based on the price of the new software license(s).
• Credit is based on the number of active CPUs licensed on the Original System.
• Credit is applied to the purchase of new equivalent product software license(s) on the Target System.
• The number of CPU credits from Original System cannot exceed the number of active CPUs on the Target System.
• Credit may not exceed the purchase price of the equivalent software license(s) and cannot be banked or applied to other products.

Credit product numbers have been created for applicable Operating Environment and layered product software license trade-in paths. Credit is applied to the order at the time of trade-in.

parallel usage

For a system trade-in, the parallel usage period is the time HP allows a customer to concurrently use both the Original System and the Target System, concurrently, while migrating the computing environment.

When trading-in software for a new Target System, parallel usage of software licenses is coterminous with the permitted hardware parallel usage. The following conditions apply to parallel usage.

• The standard parallel usage duration for hardware and software is 90 days, but may be extended to meet customer need and requirements.
• An agreement stating the parallel usage duration must be agreed to and signed by HP and the customer prior to the beginning of the parallel usage period.
• Software licenses for the Original System are terminated and must be returned to HP at the end of the parallel usage period.
• Support Services, where applicable, should be provided for both systems during the parallel usage period.

Where the information contained in this policy conflicts with a signed agreement between HP and the customer, the executed agreement will govern with respect to subject matter covered by this policy. This policy may change at any time without notice.