Does a Fusion Pro license tie to a user?

[jackiemeese]

I'm leaving my current position, and I'm training my replacement. I am wondering if the license for VMWare Fusion Pro is tied to me or the computer? If it's tied to the computer, then my replacement can just start using it as the computer it on is staying put for him to use. If it's tied to me, or both me and the computer, then I'll have to either buy or stop using Fusion.

Is this something I can pass the computer with the license installed on to him, so does it stay with me?

Looking at the Common EULA for VMWare talks about transfers, but doesn't seem to answer the question from me reading it. Even looking at the section that is supposed to be for Fusion makes my head spin some more. If I'm missing something, please quote a page number or something I can use to refer to.

If this is somewhere else, just let me know, and I'll pass on the results.

[Technogeezer]

My thoughts, for what it might be worth.

I don’t think that VMware technologically enforces license compliance. 

if the license is being used for commercial purposes (which it appears to be given what you’re saying), then according to VMware’s licensing policies in their product guide it can be used on only one computer at a time. If that computer is being passed to your replacement, then you can’t legally use the license even though installing it would work on a “new” computer you start using. 

Another important question, though. Who purchased the license? If it’s your employer, then you have no rights to the license if you leave their employ. If it’s you and you didn’t get reimbursed for it, then it’s your license, you can keep it, and your replacement will need a new license. A gray area is if you purchased the license and your employer reimbursed you for it as a business expense. In which case you might be considered the owner because you will have registered it with VMware (under a personal email, I hope) - unless the company considers the reimbursement to mean it’s their asset now. 

[jackiemeese]

Even if they don't enforce, I want to do whatever would keep our legal department happy (If I ask them though, it will take a year to hear an answer.)

We're actually in a non-profit, state university, so not commercial, and I'm moving to another department in the university. Work paid for it (and that process sucked, as they had to get it from CDW-G as they take a PO and getting the license code itself was a pain.) so it's not mine.

[Technogeezer]

---

@jackiemeese wrote:

Even if they don't enforce, I want to do whatever would keep our legal department happy (If I ask them though, it will take a year to hear an answer.)

We're actually in a non-profit, state university, so not commercial, and I'm moving to another department in the university. Work paid for it (and that process sucked, as they had to get it from CDW-G as they take a PO and getting the license code itself was a pain.) so it's not mine.

---

Understand (and I have the same opinion about adhering to licensing and the difficulties of dealing with a bureaucracy).

As a public sector entity, you probably purchased off a government contract if you went through CDW-G. In in which case the standard VMware software exhibit  https://www.vmware.com/content/dam/digitalmarketing/vmware/en/pdf/agreements/vmware-software-exhibit... are modified by their public sector agreement: https://www.vmware.com/content/dam/digitalmarketing/vmware/en/pdf/agreements/vmware-us-public-sector... applies. 

From what I read, there’s nothing in those two licensing exhibits that contradict the definition of commercial use found in the VMware Product Guide https://www.vmware.com/content/dam/digitalmarketing/vmware/en/pdf/product/vmware-product-guide.pdf

“Commercial Use” means any internal business use or any use by Customer in the functions of
Customer’s employment.

Since you are using Fusion as part of your employment, it’s considered commercial use by VMware. 

It’s an interesting question,. My decidedly non-legal opinion is that since the university purchased it, they get to decide who uses the license. If they decide it’s your replacement, then you’ll have to get a new license.