The 90 day restriction applies to licenses, not OSE instances. I can freely transfer an OSE between physical systems or virtual systems, provided I have a dedicated license assigned to the physical hardware system. For instance, take an example of two physical servers load balancing four virtual OSEs. Since each server may potentially run at any one time all 4 OSEs, each physical server must be licensed to run all instances. The most appropriate way to license this is with 2 Windows Server Enterprise licenses, giving me the rights to run up to 4 virtual instances provided the physical instance (if any) is only used to provide virtualization services. I can freely move the virtual OSEs between physical hardware systems without breaching microsoft licensing.
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What about moving physical servers without a VM?
What if I pull the installed OS image disk out and plug it into a different physical server? This seems very similar to vmotion, would that violate the license too, and would the lifted restrictions apply to that case as well?
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