Hello,

Our client is looking to setup Windows sharepoint on our dedicated servers. They have their own software licenses for the setup.

Do we need to obtain SPLA licenses if we are just renting our hardware ?

Thank you.

if you are not managing the server, then they would be responsible for ensuring license compliance...if you are managing the server, I would run the situation by your Microsoft rep

I got that from Microsoft website http://www.microsoft.com/hosting/en/us/licensing/splabenefits.aspx Hope it answer you well in detail :-

What is the difference between a hosting provider that provides application services and a hosting provider that acts as an outsourcer?

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The key difference is that, under an outsourcing scenario, the Select License, Enterprise Agreement, or Open License customer is the licensee of the software. In the outsourcing scenario, the hosting provider is not a licensee and does not have the right to use the software for any purpose except to host the software for the Select License, EA, or Open License customer with whom you have an agreement. By contrast, where a hosting provider is acting under SPLA, you are the licensee of the software, and may provide access to and use of the software to one or more customers for a monthly fee.

From a whitepaper related to virtualization,

Scenario 6: Using End-Customer Licenses on the Guest
Hosting Providers frequently ask if end-customer-owned licenses (such as Small Business Server, SQL Server, Exchange Server, or other server applications acquired through Microsoft Select or Enterprise Agreements) can be relied upon for licensing the guest. Currently, these scenarios are not allowed in the SPLA for shared use in either the host or virtual environment. All licenses for the guest must be reported by the service provider using the SPLA.

In a non-Hyper-V-based virtualized environment, an end customer can bring in their own license if they have a dedicated hosted server. They cannot apply their license if the server is shared among multiple customers. The Figure below illustrates the scenario where the end customer can or cannot use their software licenses.

If a server is physically and virtually dedicated to the same customer, then the end customers can install their own licenses. An example is a managed or unmanaged dedicated server. However, if the box is physically shared by multiple customers, even though, they may own Virtual Machines running on the box, they are not allowed to bring their own software licenses for Microsoft Products.


http://download.microsoft.com/download/F/5/8/F58E786D-529D-438A-8625-4948205D8BA5/Windows_Hyper_V_Licensing_Whitepaper_v3%200.docx

Think that helps definitely answer your question that it is ok.

It is for sure you are not responsible for the licensing. Just like that you are providing servers with no Windows license, you don't have to provide the key for your customers. They have to purchase it for themselves.

I would just make sure you include in your leasing agreement with the client that they are responsible for licensing the OS for the server, and that you are not providing any license with the server... More for your benefit should Micro$oft come-a-calling than anything.

If you are going to manage the server for them too, I would do that under a seperate service agreement, more as an IT company than as a hosting company...Perhaps a differnet division of your company or something...

You shouldn't have any SPLA issues then.