WS2016 Lizenz 2x 10C plus Replica

Servers – Disaster Recovery Rights
For each Instance of eligible server software Customer runs in a Physical OSE or Virtual OSE on a Licensed Server, it may temporarily run a backup Instance in a Physical OSE or Virtual OSE on either, another one of its Servers dedicated to disaster recovery, or, for Instances of eligible software other than Windows Server, on Microsoft Azure Services, provided the backup Instance is managed by Azure Site Recovery to Azure. The License Terms for the software and the following limitations apply to Customer’s use of the backup Instance.
 
Permitted Use of Backup Instances
The backup Instance can run only during the following exception periods:
•	For brief periods of disaster recovery testing within one week every 90 days; 
•	During a disaster, while the production Server being recovered is down; and 
•	Around the time of a disaster, for a brief period, to assist in the transfer between the primary production server and the disaster recovery Server.
 
Using the Azure Hybrid Benefit for Disaster Recovery
Customer optionally may use Windows Server under the Azure Hybrid Benefit for backup Instances run and managed on Microsoft Azure Services using Azure Site Recovery. In this case, notwithstanding anything to the contrary in the Microsoft Azure License Terms governing Azure Hybrid Benefit, Customer will be permitted to concurrently deploy the same Windows Server Standard Licenses on Microsoft Azure Services under Azure Hybrid Benefit for purposes of testing and during recovery (as described in “Permitted Use of Backup Instances” above) and on the Licensed Servers running the corresponding production workloads. Furthermore, Customer may resume running the same production workloads on the Licensed Servers as contemplated in this Disaster Recovery Rights provision, notwithstanding any limitations on License reassignment.  
 
Requirements for Disaster Recovery Use
In order to use the software under disaster recovery rights, Customer must comply with the following terms:
•	The OSE on the disaster recovery Server must not be running at any other times except as above.
•	The OSE on the disaster recovery Server may not be in the same cluster as the production Server.
•	Use of the software backup Instance should comply with the License Terms for the software.
•	Once the disaster recovery process is complete and the production Server is recovered, the backup Instance must not be running at any other times except those times allowed here.
•	Maintain SA coverage for all CALs, External Connector licenses and Server Management Licenses under which it accesses the backup instance and manage the OSEs in which that software runs.
•	Customer’s right to run the backup Instances ends when Customer’s Software Assurance coverage ends.
 
Additional Permitted Use of Windows Server
•	Other than backup instances run on Microsoft Azure Services, Windows Server License is not required for the disaster recovery Server if the following conditions are met:
•	The Hyper-V role within Windows Server is used to replicate Virtual OSEs from the production Server at a primary site to a disaster recovery Server.
•	The disaster recovery Server may be used only to
- run hardware virtualization software, such as Hyper-V,
- provide hardware virtualization services,
- run software agents to manage the hardware virtualization software,
- serve as a destination for replication,
- receive replicated Virtual OSEs, test failover,
- await failover of the Virtual OSEs, and 
- run disaster recovery workloads as described above. 
•	The disaster recovery Server may not be used as a production Server.