Re: [cobalt-users] Support, Warranty and Hype

[Bruce Timberlake <bruce.timberlake@xxxxxxx>]

David Thurman wrote:
> 
> on 1-2-02 12:47 PM, Derek Schwab at derek@xxxxxxxxxxxx was
> reported to have made a statement that said this:
> 
> > It illegal if you don't own a license for it thought.  Sure,
> > you can buy a Dell machine and install windows 200 or whatever
> > you want on it.  But, if you don't pay for a license, it's illegal.
> >   -Derek
> 
> If they ship the disk out to you free or you pay for it, and
> the box is a Raq whatever, does that not constitute you have
> purchased the license.

Paragraph 1 of the License Agreement states (original is all in caps):

"By powering on this product, you (the entity to which the enclosed
Software programs are supplied) are agreeing to be bound by all of the
terms of the License Agreement and the Limited Warranty set forth below.
If you do not agree to be so bound, promptly return the full product,
and all accompanying materials, to the entity from which it was
purchased."

So, by using the product, you agree to accept the terms and limitations
of the License Agreement. Same as the "if you open this CD you agree to
our EULA" from Microsoft or whomever...

> I install Win2k on a box of my choice because I bought the OS. So if
> I have a Raq3 and put say just Redhat on it, that I am in violation?

No, but you can't call it a Sun Cobalt RaQ 3 anymore, as it is not the
way we shipped it (or modified it via subsequent patches, etc).

> I think Bruce's statement leans on advertising that you need to buy
> a Raq4 for Raq4 OS. Not convinced...

On each appliance, the hardware and software are shipped as an
integrated stack. So yes, to get the RaQ4 OS (and to legally use it),
you need to buy a RaQ4. Nothing is to prevent you from buying OSRCDs for
products you don't actually own, and those OSRCDs may, in fact, work on
the alternate Cobalt platform you use them with. But that is not
designed/intended use, and does not comply with the License Agreement.

If, for your own personal purposes, you install a generic OS, or a
non-factory Cobalt OS, on a RaQ, that's up to you. But it ceases to be a
"Sun Cobalt RaQ" once that happens, as it is no longer in the "factory
original condition."

IANASL (I am not a Sun lawyer) and have reached the bounds of what I
know or can explain about our License Agreement.  We do have plenty of
them you can discuss the finer points of the license agreement with if
you need more clarification... :)

-- 
Bruce Timberlake
Technology Engineer
Sun Cobalt Server Appliances
Sun Microsystems, Inc.

E: bruce.timberlake@xxxxxxx
U: http://www.sun.com/cobalt/