hi,

my company is selling software based on either oracle or sql server.

currently we are planning to use an hosting provider to have our software
available for leads in internet. we are thinking of using sql server 2008
express. within the license notes the following is written down:

2. Scope of License.
The software is licensed, not sold. This agreement only gives you some
rights to use the software.
Microsoft reserves all other rights.
Unless applicable law gives you more rights despite this limitation, you may
use the software only as expressly permitted in this agreement.
In doing so, you must comply with any technical limitations in the software
that only allow you to use it in certain ways.
You may not
.. disclose the results of any benchmark tests of the software to any third
party without Microsoft's prior written approval;
.. work around any technical limitations in the software;
.. reverse engineer, decompile or disassemble the software, except and only
to the extent that applicable law expressly permits, despite this
limitation;
.. make more copies of the software than specified in this agreement or
allowed by applicable law, despite this limitation;
.. publish the software for others to copy;
.. rent, lease or lend the software; or
.. use the software for commercial software hosting services.

especially the last sentence ("use the software for commercial software
hosting services") is causing a headache to us.

questions:
1) does this mean that we are not allowed to use a hosting provider having
sql server 2008 express running for our software?
2) what is happening, if the hosting provider is offering sql server express
2008 himself? are we acting in illegal manner that way?
3) now not talking about the hosting provider: if our customers do use sql
server 2008 express and we install our software on top of it - is this
legal?

--
thanks in advance / danke im voraus - fritz

Fritz Theiss

"Fritz Theiss" <fritz (AT) anywhere (DOT) com> wrote

Not sure about the Express edition but for the other editions, you need a
Commercial Licensing Agreement with Microsoft to resell the use of
SQL-Server. This is the reason why you won't find a low cost commercial
hosting service offering SQL-Server instead of MySQL.

For things about licensing, you should ask an offical MS' representative.
There is one available online: http://ladylicensing.spaces.live.com/ but
even then, I would prefer myself to have an official response from MS on
such a topic before committing any commercial agreement with a client.

You other option would be to support MySQL as well as Oracle and SQL-Server.

--
Sylvain Lafontaine, ing.
MVP - Windows Live Platform
Email: sylvain2009 sylvainlafontaine com (fill the blanks, no spam please)
Independent consultant and remote programming for Access and SQL-Server
(French)