Hi Peter,
I am not a Licensing expert but I found a Whitepaper on SQL Server 2005 Licensing that you may find helpful. Here is the link
http://download.microsoft.com/download/e/3/7/e37e542f-f90c-4d5f-864c-3f428d5add5e/SQL2005_Licensing.doc Here is a section from the whitepaper
When doing failover support, a server is designated as the passive server. The purpose of the passive server is to absorb the data and information held in another server that fails. A passive server does not need a
license, provided that the number of processors in the passive server is equal or less than those of the active server. The passive server can take the duties of the active server for 30 days. Afterwards, it must be
licensed accordingly.
Also, found another link that you may find helpful
SQL Server 2005 Licensing: Frequently Asked Questions
http://www.microsoft.com/sql/howtobuy/faq.mspx Here is a section from this link
Q. How does licensing work for computers that run SQL Server 2005 in failover scenarios?
A. Failover support, where servers are clustered together and set to pick up processing duties if one computer should fail, is now available in Workgroup, Standard, and Enterprise editions of SQL Server 2005.
Under each of these editions, keeping a passive server for failover purposes does not require a license as long as the passive server has the same or fewer processors than the active server (under the per
processor scenario). For details on which failover methods are available under each edition, visit the SQL Server 2005 Features Comparison page.
HTH,
Best Regards,
Uttam Parui
Microsoft Corporation
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