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

[David Thurman <dthurman@xxxxxxxxxxxxxxxxxxxx>]

on 1-2-02 2:31 PM, Bruce Timberlake at bruce.timberlake@xxxxxxx was reported
to have made a statement that said this:

To be honest, We use Raq3's with Raq3 OS. Have no desire to go to a 4, but I
just had to ask why. Now I see. Sorry for getting a flame going. Post New
Years resolution...No arguing.

> 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... :)

--
Thank you,
David E Thurman
The Web Presence Group
309.676.5688
dthurman@xxxxxxxxxxxxxxxxxxxx
http://www.webpresencegroup.net