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demani

Multi-Server licensing question: unlimited site installs?

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We (the company) had purchased Maintenance for both Retrospect Workgroup and Retrospect Server back when the v8 upgrade was pending. We received email confirmation that both licenses were set for the upgrade. When the upgrade licenses went out we received one license code for v8 Multi-Server. I am now following up with Retrospect because I need to finally use the second license. However, not having a number for the Single-User version (which I understand was the upgrade path for Retrospect Workgroup) I called Customer Support this afternoon to find out about getting that license. I was told by the rep that the Multi-Server license was valid for Unlimited Server installs: i.e. I could use that license to set up two different backup servers (one for the clients, and one for archiving).

 

Is this actually the case? On the one hand I'm annoyed we spent money on Maintenance for the Workgroup license. On the other I'm glad that I have the option to even set up a 3rd server (if true). For now I'm setting up my second sever, figuring that if it came down to licensing I think I'd be okay (since the second machine is not backing up any servers, just local volumes).

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I don't have a copy of the ELUA, but reading the available literature suggests the CS rep got it wrong, or explained it wrong, or both.

 

The name of the product is Multi Server Unlimited Clients, and the description reads "Retrospect Multi Server runs on [color:red]a[/color] Mac OS X or Mac OS X server computer and provides licenses to protect an unlimited number of networked..."

 

What's unlimited is the number of clients, not the number of installs of the backup product. That being said, there's no word about Console license, which most users assume can be used freely to connect to Engines on their network(s), so other subtle legalities would have to be found in the license agreement.

 

You might want to call back and speak to a manager; if you're entitled to an additional license you should get it.

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I don't have a copy of the [color:red]ELUA[/color] (sic)

The administrator of the Retrospect site seems to be asleep at the switch. The only [color:red]EULA[/color] currently available on the Retrospect web site is the Current Retrospect EULA on the Retrospect Documentation web page. That [color:red]EULA[/color] may be out of date because it is unchanged from before the sale of the Retrospect product by EMC to Roxio (Sonic Solutions).

 

The value of a license from EMC, which may no longer have any ownership rights in and to the Retrospect product and its underlying software, is questionable.

 

There is also a (very different) [color:red]EULA[/color] presented by the installer for Retrospect 8.2.0 (build 399) (see attached [color:red]EULA[/color] license file) that may supersede the one posted on the Retrospect Documentation web page.

 

The original poster may want to consult an attorney knowledgeable in software copyright law and licensing for his/her jurisdiction, as appropriate for the conflicts of laws issues that are also in play, and may also want to seek advice regarding whether the "entire agreement" clause of either [color:red]EULA[/color] can be modified by oral statements made by a Customer Support representative.

 

Russ

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Well, he did send me a followup so I have it in writing. Frankly, I'm not using it beyond my (initially perceived) licensing (I have one machine as a backup server for workstations, and one on a server for server backups). I have called back and got a "we'll get back to you" (someday), I guess) I have very little hope of resolving it the way I think it should be (just send me a code for the Single-Server version). I have emails saying that we enabled Maintenance on both licenses, and then the one with the single upgrade license.

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Well, he did send me a followup so I have it in writing.
and may also want to seek advice regarding whether the "entire agreement" clause of either EULA can be modified by oral statements made by a Customer Support representative.

You do understand what an "entire agreement" clause is, don't you? It's not just oral statements of a Customer Support representative - it's that the EULA can only be modified in a very specific manner:

 

This Agreement and the terms of any Volume License Agreement provided to You (if any) represent the complete agreement concerning this license between the parties and supersedes all prior agreements and representations between them. This Agreement may be amended only by a writing executed by both parties. ...

 

Questions concerning this Agreement should be sent to the address set forth below. Any notices or correspondences will only be effective if sent to such address.

 

Sonic Solutions

Legal Department

7250 Redwood Blvd., Suite 300

Novato, California 94945

It's a bit like asking whether a stock clerk at Target has the authority to bind the corporation. That's why attorneys put "entire agreement" clauses in contracts.

 

Russ

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I understand that the rep can't make changes, just as I understand that what he said doesn't reflect the license as written. However, in the absence of a resolution on their part (I have tried a few times, and yet nothing has come of it) I am going to do what I had originally purchased licenses to do. My question as originally posed was whether there had been some other change to licensing in the most recent transfer that wasn't well known. Clearly there wasn't.

 

But should the BSA come knocking, my defense will be "See-I paid for these two upgrades, and only got one. I called to get the other one, but was told "no" as I didn't need it. I'm using it in the way I had originally licensed it though." That's the best I can do (I certainly am not going to purchase another license).

 

And maybe, just maybe, some day they will train their reps.

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