Question about MSDN and commercial use

Question

I work for a small digital marketing company as a programmer, and we are not a Microsoft partner or any sort (Gold/Silver/Bronze). However, we use .NET.

What I am confused about is that the developer before me has left, and he gets subscription DVDs of latest Microsoft tools, delivered to the company (Sql Server etc).

I am assumign this is not a personal subscription, because if it was he'd have changed addresses.

Anyway, the subscription is Professional and we use the tools for commercial purposes. Is this allowed? Also, am I allowed to use the tools that we get, at home? I want to use Windows Server at home for dev purposes (learning it for my exams).

Thanks

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Thanks for the advice guys.

The license is registered in my boss name but I think a networking guy has added himself as an additional user.

MSDN FAQ says I can have up to 10 instances of the tools installed. I was thinking if I use a product key off MSDN, then that key is forever in use and no additional licenses can be installed.

Answer 1

For the definitive answer read through the MSDN subscription FAQ which includes the license terms.

My understanding is that you can use the software to support development work for your company, but not run production servers. Ie. you could develop Exchange add-ins but not run your company's email using the Exchange Server that comes with MSDN.

Using the software at home is probably a grey area. If it is on company owned equipment and supports your development goals then it sounds OK. If it is on your own equipment then it likely goes against the details of the EULA. You could always try calling Microsoft and asking.

Answer 2

In short, no, you can't use any of the MSDN disks for production services at all. Dev and Test only. If you develop an app using them, then put it into production (eg you develop a timesheet app for yourselves) once it starts being used as a timesheet app, you need to buy full versions of everything it needs.

There's one more thing you need to consider. You need to buy a copy of the MSDN for each developer. Just because it says you can use up to 10 instances does not mean anyone else can (otherwise I could use some of your licences, if you wouldn't mind :) ).

So if there's 3 devs in your team, you need to buy 3 MSDN licences. That also applies if you run a server using the MSDN licence that the other devs access - I think you might be OK if the other devs bought CALs to access it, but the T&C is confusing to say the least.

You also need to bear in mind that MSDN licences are recurring - we bought them on a 3 year select agreement, you might have different terms.

We're being audited by MS at the moment. Turns out developing for Windows can get very expensive :(

Answer 3

Read Microsoft's white paper on Visual Studio 2013 licensing

Example: A developer with an MSDN subscription uses MSDN software at work during the day, but occasionally needs to develop at home as well, using a different computer. Under the MSDN license, there is no difference between a PC at work and a home PC; the home PC is just another device on which the developer is entitled use the MSDN software. However, the restrictions for the MSDN software running on the developer’s home PC remain the same as in the work environment: the MSDN software installed on the home PC must only be used for design, development and testing purposes; and only other users with an appropriate MSDN subscription can use the software.

Visual Studio and MSDN Licensing White Paper

Answer 4

If the subscription was paid for by the company, you should be able to change the named individual to yourself (or someone else in the company). This would allow you to access MSDN using the subscription to download software and submit problem reports. We had a license that we switched one when one of the licensed individuals left. Unfortunately, our software licensing office took care of it, so I don't know the details of how it was done. We also purchased it under a Select license, so it would probably be different anyway.

Heed @Rob Walker's advice and check out the FAQ for what you can do with the software.