Based on these explainations: ========================================================================================================================== Now that we've cleared that up, here is a simplified (IMHO) explanation of what everybody already said:
RHEL == Linux Kernel + GPL/BSD/MIT ...etc licensed Software + Red Hat trademarks (artwork etc)
- How must does the RHEL distro cost ? * 0/-
- How does Red Hat make money, if the cost of the RHEL distro is 0 ? * Subscriptions, trainings, consultancy ...and maybe more.
- How is the RHEL distro. distrubuted ? * The sources are available for free on redhat.com and Red Hat provides CDs/DVDs of the distro. to it's customers (people who buy subscriptions or undertake trainings ...etc) =================================================================================================================
Can somebody explain the following clauses in Red Hat License Agreement?
http://www.redhat.com/licenses/rhel_us_3.html
5 Reporting and Inspection
5.1 Reporting. Client will promptly notify Red Hat if the number of Installed Systems exceeds the number of Installed Systems for which Client has paid the applicable fee. In its notice, Client will include both the number of additional Installed Systems and the date(s) on which such Installed Systems were put into use. Red Hat will invoice Client for the applicable Services for such Installed Systems on a pro-rata basis and Client will pay for such Services in accordance with this Agreement.
5.2 Inspection. During the term of this Agreement and for one (1) year thereafter, Red Hat or its designated agent may inspect and review Client's facilities and records in order to verify Client's compliance with this Agreement. Any such inspection and review will take place only during Client's normal business hours and upon no less than ten (10) days prior written notice from Red Hat. Red Hat will give Client written notice of any non-compliance, including the number of underreported Installed Systems, and Client will have fifteen (15) days from the date of such notice to make payment to Red Hat for the applicable Services provided to the underreported Installed Systems. If Client had underreported the number of Installed Systems by more than five percent (5%), Client will also pay Red Hat for the cost of such inspection.
Hi Pravin,
Pravin Dhayfule wrote:
Based on these explainations: <...snip...>
Can somebody explain the following clauses in Red Hat License Agreement?
http://www.redhat.com/licenses/rhel_us_3.html
5 Reporting and Inspection
5.1 Reporting. Client will promptly notify Red Hat if the number of Installed Systems exceeds the number of Installed Systems for which Client has paid the applicable fee. In its notice, Client will include both the number of additional Installed Systems and the date(s) on which such Installed Systems were put into use. Red Hat will invoice Client for the applicable Services for such Installed Systems on a pro-rata basis and Client will pay for such Services in accordance with this Agreement.
5.2 Inspection. During the term of this Agreement and for one (1) year thereafter, Red Hat or its designated agent may inspect and review Client's facilities and records in order to verify Client's compliance with this Agreement. Any such inspection and review will take place only during Client's normal business hours and upon no less than ten (10) days prior written notice from Red Hat. Red Hat will give Client written notice of any non-compliance, including the number of underreported Installed Systems, and Client will have fifteen (15) days from the date of such notice to make payment to Red Hat for the applicable Services provided to the underreported Installed Systems. If Client had underreported the number of Installed Systems by more than five percent (5%), Client will also pay Red Hat for the cost of such inspection.
IANAL, but here is how I understand it: Firstly the link you pointed out to is the "Subscription Agreement" ie: what you you agree to if you bought an RHEL subscription. OTOH, this is the EULA (wow ! guess I was wrong ...there actually /is/ an EULA !) governing the use of RHEL itself:
http://www.redhat.com/licenses/rhel_rha_eula.html
The link for this is right there on the right menu of the link you provided. So, what exactly does the RHEL EULA say ? Let's see ...
This end user license agreement ("EULA") governs the use of any of the versions of Red Hat Enterprise Linux, any Red Hat Applications ... ...
- License Grant. Subject to the following terms, Red Hat, Inc. ("Red Hat")
grants to you ("User") a perpetual, worldwide license to the Programs pursuant to the GNU General Public License v.2. The Programs are either a modular operating system or an application consisting of hundreds of software components. With the exception of certain image files identified in Section 2 below, the license agreement for each software component is located in the software component's source code and permits User to run, copy, modify, and redistribute (subject to certain obligations in some cases) the software component, in both source code and binary code forms. This EULA pertains solely to the Programs and does not limit User's rights under, or grant User rights that supersede, the license terms of any particular component.
Now as far as the "Subscription Agreement" goes ... ----------------------------------------------------------- From section 1.: ..."Software" means Red Hat Enterprise Linux and other software programs branded by Red Hat and/or its affiliates including all modifications, additions or further developments thereto delivered by Red Hat. ...."Services" means RHN, Subscription Services, and any Learning Services (defined below) purchased under this Agreement. "Subscription Services" mean fee-bearing subscriptions (generally for a period of one or three years) for a certain scope of support services for the Software. ....
----------------------------------------------------------- From Section 4: 4. License and Ownership
4.1 Software. Client will have the license rights to the Software set forth in Appendices 1, 2 and 3, as applicable.
----------------------------------------------------------- From Appendix 1: ...The use of Red Hat Enterprise Linux software is subject to the end user license agreement set forth in Appendix 2.
----------------------------------------------------------- Appendix 2 is essentially the exact same as the EULA pointed to earlier. ----------------------------------------------------------- So, we've established that the use of 'Software' (as defined in Section 1) is governed by the EULA, which as far as I can tell is a wrapper around the GPL, with Red Hat's well known trademarks clause.
Now, note ... ----------------------------------------------------------- From section 3.1: ...For Subscription Services, Client agrees to pay Red Hat for each Installed System. An "Installed System" means a system on which Client installs or executes all or a portion of the Software,
----------------------------------------------------------- So, basically, an "Installed system" is something you agree to pay for when you agree to the Subscription Services. Coming to the clauses you brought up ... -----------------------------------------------------------
5.1 Reporting. Client will promptly notify Red Hat if the number of Installed Systems exceeds the number of Installed Systems for which Client has paid the applicable fee. ... ----------------------------------------------------------- So, when you are using the Subscription Services, you notify Red Hat of all Installed Systems and they reserve the right to break down you door and verify whether you were telling the truth ...and possibly also eat babies, like I said IANAL :).
So, in other words, if you just want to 'use' the 'Software' (as defined in Section 1) you are bound by the ELUA. If you want to use the Subscription Services, the "Subscription Agreement" applies.
Like I admitted before, IANAL, so, you may want to consult a lawyer or Red Hat to understand all of this more thoroughly. Also, a side note -- the license you posted was specific to the US. The India specific license is here:
http://www.redhat.com/licenses/Enterprise_Agr_India.pdf
which IMHO, reads a bit better, since it has a nice little table in the appendix 1 (don't you /love/ tables ?), which kinda clarifies all that I just pointed out to.
cheers, - steve
steve wrote:
So, in other words, if you just want to 'use' the 'Software' (as defined in Section 1) you are bound by the ELUA. If you want to use the Subscription Services, the "Subscription Agreement" applies.
To avoid confusion. Please disregard the entire reasoning in the previous post. I was wrong about the meaning of "Installed System" in the 'Subscription Agreement'. Please see the corrections in the other mail i sent on this thread, with the subject modified to include [corrections].
cheers, - steve
-
Pravin Dhayfule -
steve