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ALA disaster recovery and standby rights

ALA & EntitlementField noteUpdated May 2026

Resilient systems keep a copy ready to take over if the primary fails, and a well run estate may hold warm standbys, cold spares, and replicated failover environments across multiple sites. Whether any of those copies consume a separate license depends on what the grant says about recovery, and a finding that counts every standby as a live deployment can double the apparent footprint of a system that only ever runs in one place at a time. ALA disaster recovery and standby rights is the question of how an Additional License Authorization treats copies maintained for failover, and how the defensible reading keeps the count to the production use the grant actually charges for.

This field note explains how recovery and standby rights work, where a finding overreaches, and how the grant decides whether a failover copy counts. It pairs with our ALA and entitlement review track.

What recovery rights typically grant

Many authorizations include some allowance for disaster recovery, but the allowance varies in shape and in generosity. Some grants permit a passive standby that consumes no separate license so long as it is not in active use; some permit a standby only for a limited failover period; some require that the recovery copy be licensed the same as production. The decisive question is what the specific grant says, not what is customary, and a finding that assumes the least generous treatment without reading the grant is asserting a term the contract may not contain. Reading the recovery allowance is the same close interpretation applied to non production rights generally, examined in ALA development versus production rights.

The principle

A standby that never carries production load is not the same as a second production deployment. Whether it consumes a license is a question the grant answers, and a finding that counts a passive failover copy as live use is charging for resilience the grant may already permit.

Passive, warm, and active standby

Recovery architectures differ in how ready the standby is, and the distinction often matters to the grant. A passive or cold standby is not running the software in a usable state; a warm standby is running but not carrying production traffic; an active or hot standby may be processing load. A grant that permits a passive standby free of charge may treat a hot standby differently, and a finding that counts all three identically overstates wherever the grant distinguishes them. Classifying each recovery copy by how it actually operates is the evidentiary work that lets the grant be applied accurately, and it overlaps with the use classification discipline in ALA territory and use restrictions.

Where a finding overreaches

The common overreach is a scan that detects a standby installation and counts it as a second production deployment, charging the buyer twice for a system designed to run in one place at a time. A replicated environment held in a recovery site, a clustered failover node, or a backup image kept ready for restoration all appear in a scan as deployments, and a finding that does not apply the recovery allowance charges each as live use. The correction is to identify the recovery copies, establish that they are not in production use, and apply the grant terms that govern standby. This sorting of detected instances is part of the line by line discipline that runs through the whole entitlement defense.

Recovery in virtual and clustered environments

Disaster recovery is increasingly built on virtualization, replication, and clustering, where standby copies are spun up automatically or held as replicated images, and the count interacts directly with the partitioning rules that govern virtual deployment. A finding that counts every node in a cluster or every replicated image as a separate deployment can multiply the footprint of a single licensed system, which is why recovery rights must be read together with the rules examined in ALA virtualization and partitioning rules. How the grant counts capacity across a failover architecture often decides whether a standby adds to the chargeable figure at all.

How the recovery reading reduces the number

In a recent engagement, a finding counted a buyer's full disaster recovery site as a second production environment, doubling the deployment figure for a system that ran live in only one location. The governing grant permitted a passive standby maintained for failover, and the recovery copies carried no production load, so applying the recovery allowance removed the entire standby site from the chargeable count. This is the ordinary mechanism: each recovery copy correctly identified as standby, where the grant permits it, subtracts from the finding. Applied across an estate that maintains the customary resilience, this reading is part of how we deliver the 68 percent average reduction we have achieved across more than 200 defended audits.

Capacity follows the recovery classification

Once a copy is classified as standby, the capacity it is charged for, if any, follows from the grant's recovery terms, because a passive standby may consume no capacity while an active one may. Settling whether a copy is a recovery instance therefore precedes the capacity measurement, and getting the sequence right prevents a finding from charging full production capacity for an environment held only for failover. This is why the recovery classification and the capacity definition are handled together, as set out in capacity definitions in Micro Focus ALAs.

Fixing the recovery question forward

After the present finding is corrected, the forward agreement should state plainly how disaster recovery and standby copies are treated for each product, so a future review cannot reopen the count by treating failover as a second production environment. A clean forward arrangement records the recovery allowance, defines how standby copies are classified, and removes the ambiguity that let the audit charge resilience as live use. This is closely related to how the same agreement should treat cloud and hosted recovery, examined in Micro Focus ALA cloud deployment rights. If a finding has counted your disaster recovery or standby copies as production deployments, open a case and we will hold the count to the use the grant actually charges for.

For the full method, read the complete OpenText audit defense playbook, and for entitlement defense across the Micro Focus estate see our ALA and entitlement review track.

Failover counted as production?

We classify every recovery and standby copy by how it actually operates and apply the disaster recovery rights the grant allows, so a passive failover site is not charged as a second live environment. Open a case.

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When an OpenText or Micro Focus audit notice arrives, the first seven days carry more weight than any week that follows. OpenText Audit Defense is an independent, buyer side firm founded in 2020 by former vendor compliance leadership. We have defended more than 200 audits, reduced the average finding by 68 percent, and mitigated more than $90M in claims. We do not resell OpenText software, and we are not affiliated with OpenText Corporation. To open a case, use the contact form on this site.