Licensing for HA & DR

DISCLAIMER - I interpret the below to mean that a VMWare SRM copy of a server should be covered by "Cold Disaster Backup Recovery Rights" and DR databases that are kept up to date via log shipping or replication (where the replicated copy is not "serving SQL Server data to clients") should be covered by "Fail-Over Rights". However, I offer no guarantee that my interpretation is correct... if you are in any doubt you should consult your Microsoft Account manager or your legal counsel.
Can be...
  • AlwaysOn Availability Group
  • AlwaysOn Failover Cluster (FCI)
  • Log Shipping
  • I believe DR could be VMware SRM.
  • SE or EE
  • Any version (if covered by SA).
  • Bare-metal, VM, Container

Can use secondaries for...
  • Backup
  • Maintenance (CheckDB)
  • Basic Monitoring
  • DR Tests

Cannot use secondaries for...
  • Reads
  • Writes

Any secondary can have the same number or less cores than the Primary, but NOT more. You could, in theory, license the Primary for more cores than it has in order to get around this situation.
HA is assumed to be "sync" and DR is assumed to be "async" with maximum of 1 HA and 1 DR on-prem plus 1 DR in Azure. Any additional replicas will need the same number of core licenses as the Primary.
Note that this benefit only applies to the SQL Licensing. i.e. all the other costs of running a database server in Azure stilll apply. (Although the Azure Hybrid Benefit should mean that's at a reduced rate).

Cold Disaster Backup Recovery Rights

This is a Software Assurance benefit

For each instance of eligible server software you run in a physical or virtual operating system environment on a licensed server, you may temporarily run a backup instance in a physical or virtual operating system environment on a server dedicated to disaster recovery. The product use rights for the software and the following limitations apply to your use of software on a disaster recovery server.

· The server must be turned off except for (i) limited software self-testing and patch management, or (ii) disaster recovery.

· The server may not be in the same cluster as the production server.

· You may run the backup and production instances at the same time only while recovering the production instance from a disaster.

· Your right to run the backup instances ends when your Software Assurance coverage ends.

Also... disaster recovery (D/R) can now be tested once every 90 days with the D/R VMs live for a brief amount of time. Microsoft does not define brief. If you are using Site Recovery Manager, the D/R side can be running during the exercise and not need to incur a cost if the test is run every 90 days or more. (1)

Fail-Over Rights

Fail-over Rights for Microsoft SQL Server do not require Software Assurance (SA) coverage prior to SQL2014.. but they do need it after SQL2014.

SQL2017

For each server licensed with SQL Server 2017 and covered by active SA, customers can run up to the same number of passive failover instances in a separate, OSE to support failover events. A passive SQL Server instance is one that is not serving SQL Server data to clients or running active SQL Server workloads.

http://download.microsoft.com/download/7/8/c/78cdf005-97c1-4129-926b-ce4a6fe92cf5/sql_server_2017_licensing_guide.pdf

SQL2019

For each on-prem server OSE licensed with SQL Server 2019 and covered by active SA, customers can use the following passive replicas in anticipation of a failover event: 

https://download.microsoft.com/download/6/6/0/66078040-86d8-4f6e-b0c5-e9919bbcb537/SQL%20Server%202019%20Licensing%20guide.pdf

Bibliography & References