The Avaya software license types and portability rules are the cross-product layer of Avaya licensing. Three documents make up that layer. The Avaya Global Software License Terms grant the licence and set its restrictions.[1] The Avaya Software License Types document defines the licence types the grant refers to.[2] The Software Global License Portability Policy sets when right-to-use (RTU) entitlements may move between servers, affiliates and countries.[3] Avaya publishes all three on its legal licence-terms page, together with separate terms for Verint software products, hosted services, APIs and SDKs.[4]
The Global Software License Terms apply to anyone who downloads, installs or uses Avaya software and documentation, with three exceptions. The first is a separate written licence agreement with Avaya or an Avaya Channel Partner signed within three years before the purchase, which takes precedence where it conflicts. The second is software that comes with a shrinkwrap licence, and the third is software governed by third-party terms.[1] Catalog proof: A signed agreement from the previous three years prevails over the global terms.
Editions
The licence documents are not edition-specific. They apply to every Avaya software product, including software preinstalled on hardware and its upgrades, updates, patches and bug fixes, all of which fall within the definition of “Software”.[1] Product documents repeat the licence-type definitions in their front matter. The Communication Manager Overview and Specification, for example, reproduces the DS, CU, NU and Shrinkwrap definitions and the Heritage Nortel Software carve-out.[5] Heritage Nortel Software, acquired with Nortel’s enterprise business, is excluded from the licence types.[2][5]
Metrics
The licence types document opens with four definitions that the types build on:[2]
- Designated Processor: a single stand-alone computing device, such as a CPU core or digital signal processing (DSP) core, dedicated to executing the software.
- Server: a set of Designated Processors that hosts, physically or virtually, an application accessed by multiple users.
- Instance: a single copy of the software running at a particular time on one physical machine or one deployed virtual machine.
- Cluster: a group of Servers and other resources that act as a single system.
| Licence type | Catalog row | Grant in brief |
|---|---|---|
| Designated System(s) (DS) | DS | Up to the ordered number of Designated Processors or Instances; Avaya may require the processor to be identified by serial number, feature key, Instance or location |
| Concurrent User (CU) | CU | Any number of processors or servers, as long as only the licensed number of Units use the software at any given time |
| Cluster (CL) | CL | Up to the ordered number of Clusters, default one |
| Enterprise (EN) | EN | Enterprise-wide use of an unlimited number of Instances |
| Named User (NU) | NU | One processor or server per authorized Named User, or a server used only by authorized Named Users |
| Shrinkwrap (SR) | SR | Use under the accompanying shrinkwrap or clickthrough licence |
| Transaction (TR) | TR | Up to the ordered number of Transactions in a stated time period |
The CU “Unit” and the NU “Named User” are deliberately broad. A Unit is whatever Avaya bases pricing on. The document names as examples an agent, a port, a user, an e-mail or voice mail account in the name of a person or corporate function, and a directory entry that lets one user interface with the software. A Named User may likewise be a user or a device, designated by name, corporate function, mailbox or directory entry.[2] A mailbox for a help desk or a lobby phone’s directory entry can therefore consume a licence. Transactions are measured by usage, access or interaction in a period (per hour, day or month). The document’s examples include each greeting played, each callback operation, each live agent or web chat session and each call routed.[2]
Products mix types. Appendix A of the Avaya Subscription Licensing Supplement shows the types inside each package. Core Suite and Power Suite licences are NU, CU or SR. Session Manager is DS, NU or SR, the session border controller is CU or DS, Call Center Elite is CU and the Attendant Console server is CL.[6]
Counting / floors
Default type and quantity. Where the order or documentation does not name a licence type, the licence is Designated System. The quantity of licences and units of capacity is one unless the documentation or other materials specify a different number.[2] Catalog proof: Designated System is the default licence type when none is stated.
Concurrency can be tied to a server. CU licences allow installation on many processors or servers, but “Units may be linked to a specific, identified Server or an Instance of the Software”.[2] A CU pool licensed to one Communication Manager or contact center server cannot automatically be used on another. Catalog proof: Concurrent User Units may be tied to a specific server or instance.
Transactions are capped. Under TR the End User may not exceed the licensed number of Transactions without Avaya’s prior consent and an additional fee.[2] Catalog proof: Transaction licences may not be exceeded without consent and an extra fee.
Capacity, features and location. The grant covers only the indicated capacity and features, for internal business purposes, and at the locations where the software was first installed unless Avaya permits otherwise.[1] Client and mobile software, for example on a laptop or mobile phone, may be used outside the installation country on a temporary basis only.[1] The End User may make a reasonable number of archival and backup copies.[1] Catalog proof: Licences are for internal use at the licensed capacity and original installation location; Client and mobile software may be used abroad temporarily.
Upgrades and extra copies. Upgrades may be used only with a valid licence for the original software and after paying the applicable fee. Upgrades or copies beyond the entitlement acquired under an Avaya agreement may not be used.[1] Catalog proof: Upgrades require a valid licence to the original software and payment.
Virtualization & partitioning
Use of the software “in a virtualized environment” is prohibited except as the Software License Terms expressly authorize.[1] The authorization comes through the Instance and Server definitions. An Instance can be a deployed software virtual machine, and a Server can host the software physically or virtually, so a DS licence counted in Instances covers the ordered number of VMs.[2] The documents publish no sub-capacity or host-based rule of the kind other vendors use. What counts is the number of Instances or Designated Processors on the order and in the license file. Catalog proof: Virtualized use only where the licence terms authorize it.
Hosting and outsourcing. The End User may not let the software be used through a timesharing service, service bureau, network, hosting or cloud without Avaya’s written authorization. Access is limited to employees, agents and representatives with a need to use the software. The End User must bind them to the terms and indemnify Avaya for their non-compliance.[1] Catalog proof: No hosting, service bureau or cloud use without written authorization.
Maintenance access. Service providers and other third parties may not use or execute software commands that facilitate maintenance or repair. The only exceptions are Avaya’s authorized maintenance providers and Channel Partners acting solely for the End User. Logins reserved for Avaya and its partners may not be enabled.[1] The clause has been litigated. See Avaya v. Telecom Labs. Catalog proof: Only Avaya-authorized providers may run maintenance commands.
Cloud / BYOL
The licence types contain no public-cloud BYOL right. Running Avaya software for third parties needs written authorization under the hosting restriction,[1] and Avaya’s own hosted services are sold under separate hosted-services terms.[4] See Avaya subscription and cloud licensing.
Programs
Global License Portability
The Global License Portability (GLP) policy governs moves of RTU entitlements by a customer or Authorized Channel Partner. Moves may be between customer affiliates, from one country to another, or within a country, and are made in PLDS. It applies to perpetual and subscription licences for the products in its Table 1, but not to third-party licences.[3] The Global Software License Terms rely on it. Moving RTUs between locations follows the policy, and a transfer to another Affiliate needs written notice to Avaya with the new Affiliate’s name and address. Avaya may quote additional fees, and the Affiliate must accept the terms and have maintenance coverage for the RTUs.[1] Catalog proof: Transfers to an affiliate need written notice and may incur fees.
Eligibility. International moves need a GLP-eligible release. That means a generally available Avaya software release from November 2010 or newer, with minimum releases listed per product (for example Communication Manager 6.0, Session Manager 6.0, Avaya Aura Contact Center 6.0 and Call Management System R19). Older releases may move only within the country of purchase, or anywhere in the EU if bought there, unless first upgraded.[3] The release of the moved licences must match the release on the destination server.[3] Catalog proof: International licence moves require a GLP-eligible release; Moved licences must match the destination server release.
Activations and moves. Entitled RTUs can be activated in PLDS for any Sold To location in the customer’s hierarchy. Activation on a host server does not by itself extend support coverage to the destination.[3] A move shifts RTUs and the associated billing between two Sold To locations. The Support Advantage and subscription contracts are then recast, which may create new orders and termination fees.[3]
Customer duties. The customer must notify Avaya in writing within 10 business days of any RTU move, giving the number and type of licences, the original and new server and the date. Moves are allowed only between processors or servers running the same application. The licence quantity on the original server must be reduced by the number moved. Moves not performed by Avaya are not covered by support for resulting system errors.[3] Catalog proof: Notify Avaya of licence moves within 10 business days and reduce the source quantity.
Not covered. The policy does not cover hardware moves, international porting fees, or licence transfers from one company to an unaffiliated legal entity.[3] A divestment to a third party therefore falls back on the general prohibition on assigning or transferring the software without Avaya’s written authorization.[1] Catalog proof: The portability policy does not cover transfers to unaffiliated companies.
Audit and termination
Avaya may audit books, records and accounts, including usage levels, by remote polling or other electronic means at any time. It may also audit in person during business hours with reasonable notice. Non-compliance must be remedied by promptly paying the applicable licence fees, and the End User must keep a current record of where the software is installed.[1] If breaches of licence limitations are not cured within ten business days of a written request, Avaya may terminate the licences immediately. All copies must then be destroyed and the destruction certified on request.[1] The End User also acknowledges that the software may restrict or disable unpaid features or capacity, and may periodically delete or archive data.[1] Catalog proof: Avaya may audit by remote polling at any time and on site with notice; Audit shortfalls are paid at the applicable licence fees; keep a record of software location; Ten business days to cure licence breaches before termination; Software may contain licence-enforcement programming.
The terms are governed by New York law. Disputes arising outside the United States go to ICC arbitration in London, Hong Kong or New York depending on region, and disputes arising in the United States go to New York courts.[1] Except for non-payment and breaches of Avaya’s proprietary rights, claims must be brought within two years.[1]
Out of scope
Product-specific licence files, grace periods and counting are covered in the Avaya Aura and contact center and IP Office articles. The warranty and limitation of liability in Exhibit B, Verint software licence terms, SDK and API terms, and hardware portability are not covered.