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The_Bublitz
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Contributor

shared vcenter - license audit

Hi everyone.  We are a family owned company, and share vcenter across several sites for central management.  2 of these sites are technically financially separate daughter companies - literally half a block from each other, owned by the same family. 

VMware recently decided to do a license audit.  Our licenses were a bit of a mess, so to be better organized we split them into separate accounts (the 2 daughter companies). We were told sharing vcenter between was not an issue and it is common.  Our vcenter is installed and licensed at site A, and it simply manages servers at site a and site b.  I split time between both companies, thus using the 1 vcenter to manage everything under one umbrella.

After the license transfers were completed, VMware now wants to charge us for 2 separate vcenters.  They claim section 3.1d of the EULA (shown below) disallows our sharing of vcenter, yet section 3.1a says you "can deliver hosted services to Your affiliates".  Since site A is running vcenter, and is hosting management services for site B, should we really be forced to purchase another vcenter?  Without involving lawyers to fight over EULA what avenue do we have to convince VMware we are covered under section 3.1a? 

Thanks for your help!

vCenter EULA section 3:1a-d:

3.1 License Restrictions. Without VMware’s prior written consent, You must not, and must not allow any third party to: (a) use Software in an application services provider, service bureau, or similar capacity for third parties, except that You may use the Software to deliver hosted services to Your Affiliates; (b) disclose to any third party the results of any benchmarking testing or comparative or competitive analyses of VMware’s Software done by or on behalf of You, except as specified in Section 2.4 (Benchmarking); (c) make available Software in any form to anyone other than Your employees or contractors reasonably acceptable to VMware and require access to use Software on behalf of You in a matter permitted by this EULA, except as specified in Section 2.2 (Third Party Agents); (d) transfer or sublicense Software or Documentation to an Affiliate or any third party, except as expressly permitted in Section 12.1 (Transfers; Assignment);

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