Clarification on SQL Server License Compliance during FCI Migration (VMware to Hyper-V)

Question

Clarification on SQL Server License Compliance during FCI Migration (VMware to Hyper-V)

Sang. Truong Tan 0

Hello everyone,

I am currently executing an internal infrastructure migration project moving our environment from VMware to Microsoft Hyper-V, and I need some clarification on SQL Server licensing compliance during the transition phase.

Current Environment:

We are running a 2-node SQL Server Failover Cluster (FCI) on our VMware ESXi environment. The nodes share 4 disks mapped directly from an HPE MSA 2062 SAN (using multi-writer).

Target Environment:

We are adding 2 new Hyper-V hosts and building a new 2-node Windows Server Failover Cluster on them. We will configure 4 shared disks for the new VMs. Our team will then install SQL Server and migrate the databases from the old cluster to this new one (we plan to use Veeam and native SQL backups for the transition). Once the migration is complete and the new cluster goes live, we will permanently shut down and decommission the old VMware VMs.

The Challenge:

Initially, we planned to use the SQL Server Evaluation edition for the new Hyper-V cluster, migrate the databases, ensure everything is stable, and then perform an Edition Upgrade by entering our Standard Product Key. However, according to Microsoft documentation, upgrading from Evaluation to a paid edition is not supported for clustered installations.

Therefore, we must install the new SQL Server cluster using our paid Product Key from the very beginning.

My Questions:

Can we enter and activate our existing SQL Server Product Key on the new Hyper-V cluster while the old VMware cluster is still running in production?
Will this cause any activation errors (e.g., "Key in use"), and is it fully compliant with Microsoft licensing policies to run both clusters side-by-side using the same key during the short migration window?
What is the recommended best practice for handling the license key in this specific side-by-side FCI migration scenario?

Thank you in advance for your guidance!

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2 answers

Your answer

Answer 1

Ben Miller-(DBADuck) 285 MVP

Erland is right, this migration is covered in the licensing guide. Use the key from your original license and decommission the old one when complete. The question is whether or not you have a subscription license (Azure) or SA (Software Assurance) but nonetheless, the licensing guide allows you to reassign the licenses to a new Virtual Machine 1 time every 90 days.

So migrate, use the same license key since you are on Standard.

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Answer 2

Please bear in mind that this is a technical forum, and you cannot get authoritative legal answers here. To that end there are other channels (less convenient to use than this one).

That said, I would still say: just go ahead.

From a technical standpoint, you will not get any error about key already in use. When it comes to SQL Server, the license is only a piece of paper (or, well, a PDF file).

From a legal standpoint, would you be violating the license agreement by having more machines with SQL Server than you are licensed for? Maybe, but I have a vague recollection that the SQL Server Licensing Guide covers this scenario and permits you have an overlap during migration, but it is better you read the licensing guide yourself. In any case, if you would be license-audited during this migration, you should be able to reason with the auditor. After all, you are only running one of these clusters in production.