Windows Server 2012 R2 OEM Virtual Machine Installs

My company purchased and OEM server license instead of an open license. Since the seal was broken already on the packaging we cannot return it. I have read several articles online and I wanted to ask Tech  Net ensure I didn't miss something.
What I want to know is OEM Server OS in compliance when installed as VM's?
The license package says two 2 CPU/2 VM, does this mean I have two seats available for VM's?
According to OEM license, OEM VM's will live and die on the same machine, correct? Meaning, non-transferable. 
Why I am asking these questions is because our hosting provider is telling us it must be purchased with a machine and cannot be used in that manner I want. Also, I really don't want to throw away money like that.

Windows Server licenses are assigned to the physical hardware.  Windows Server licenses grant you specific rights.  One of the rights bestowed with the purchase of a Windows Server Standard license is the right to run up to two virtual operating
system environments on which Windows Server is installed.  If one of the VMs is moved to a different host system, that new host system must be licensed to run the number of virtual instances then running on the new host.
I'm still not sure how you purchased an OEM license without hardware.  That is the way Microsoft sells those licenses.  If you did not purchase this from a Microsoft authorized OEM, I would be very cautious as to whether or not you have a valid
distribution/license.
That said, an OEM Windows Server license is assigned to a specific server.  This differs from other licenses, like Open or Volume or Retail which grant the right to move from one server to another once every 90 days.  OEM licenses can't move from
one server to another.  Additional contracts with Microsoft allow for some level of movement, but the OEM license itself does not grant that right.
Once the OEM license is assigned (this is a paper transaction, i.e. there is no 'installation' of the license) that machine then has the rights granted by that license.  In the case of Windows Server Standard, the virtualization rights are for two concurrently
running Windows Server VMs as long as you are not running services on the host not related to management of the virtual environment.
When it comes to licensing, it is always best to talk with a trained Microsoft licensing specialist.  Your OEM should be able to explain this to you, but if he is selling licenses without hardware, I might look a little askance at his business practices. 
Remember that a license is a legal agreement between you and Microsoft.  Depending upon technical forums for legal advice is not something your lawyers would recommend.
And, the fact that you have a hosting environment means that you might even be better served by a different licensing model.  Microsoft has different licensing programs for different usage.
. : | : . : | : . tim

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    Please remember to click “Mark as Answer” on the post that helps you, and to click “Unmark as Answer” if a marked post does not actually answer your question. This can be beneficial to other community members reading the thread.

  • In-place upgrade of Windows Server 2012 RDS to R2 fails

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    Every second counts..make use of it. Disclaimer: This posting is provided AS IS with no warranties or guarantees and confers no rights.

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    Please click on Propose As Answer or to mark this post as and helpful for other people. This posting is provided AS-IS with no warranties, and confers no rights.

  • Windows Server 2012 R2 test question

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  • Windows server 2012 r2

    Hello,
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  • Problems PXE booting Gen 2 Virtual Machines after Upgrading to Windows Server 2012 R2

    My Current Setup: 
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    Hi J,
    >>Unfortunately WDS is not a solution for us as it is dependent on the PC being part of a domain
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    Best Regards
    Elton Ji
    We
    are trying to better understand customer views on social support experience, so your participation in this
    interview project would be greatly appreciated if you have time.
    Thanks for helping make community forums a great place.

  • Windows Server 2012 Virtual Machine Failure

    I am running Windows Server 2012 R2 Host machine.  In Hyper-V, I created a WS 2012 VM. The VM starts out OK, but after a few hours of work (configure and install SharePoint 2013), starts throwing errors (Machine had to re-boot). Eventually, the VM becomes
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    Mario

    Hi Mario,
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    My suggestion is to download a new server2012 ISO and reinstall .
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    http://technet.microsoft.com/en-us/library/ff621103(v=office.15)
    Best Regards
    Elton Ji
    We
    are trying to better understand customer views on social support experience, so your participation in this
    interview project would be greatly appreciated if you have time.
    Thanks for helping make community forums a great place.

  • Is it possible to install SQL Server 2012 Standard Edition on a Windows Server 2012 Standard Which is installed on a Virtual Machine that is created by Hyper-V?

    Hi
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    In addition , for license issue we still recommend you to contact MS Activation Center:
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    Best Regards,
    Elton Ji
    Please remember to mark the replies as answers if they help and unmark them if they provide no help. If you have feedback for TechNet Subscriber Support, contact [email protected] .

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