Usage of new ontap software without ONTAP OS support

[AlexKost]

Hi!
Does anyone have experience with the legal use of new  ONTAP P-releases and the usage of new ONTAP versions with expired ONTAP software support?

As far as i know,  the usage of ontap major release allowed, if the major release was published within the ONTAP software support? Is this also allowed for Patch releases?
For example: a system is running 9.8.x and we want to update to the newest 9.12.x or 9.13.x.

Thanks.

[SpindleNinja]

Not sure I follow the actual question, can you clarify a bit more please?   

Do you have support on the system? 
what's the Max version of ontap a system supports - You can check here - hwu.netapp.com 

So as an example. if you have a FAS2552 running 9.8Px and you want to go to 9.12 you cannot, because the 2552 doesn't support anything higher than 9.8 and it's an out of support model (as of 01/2023).  

[AlexKost]

Hi,

as i described before, without Ontap OS Support (expired, only HW Support with a partner) but the model (A300) supports the newer ontap version.  Yes, i know it's a risk without Ontap support.
So technically it's all fine but is it fine with legal terms to download and use newer Ontap major versions with new patches?

In the EULA i can't find anything related to this.

[AlexDawson · Accepted solution]

You're not permitted to download ONTAP if you don't have a support contract for a system, and you're not permitted to provide your downloaded ONTAP image to any third party. 

So, if you have support and can download it yourself, you can use it.

If not, another person can't legally provide it to you.

[AlexKost]

Hi Alex,
so it's not allowed to download or update ONTAP without support contract for a netapp system?
Also if there are multiple systems and active support contracts for other netapp systems?

Thanks in advance.

[AlexDawson]

Correct - when you pay a support renewal, it is usually two line items - a hardware and a software component.

Software support is the component that enables and entitles you to download new ONTAP software. If that isn't paid (as part of the support contract), it isn't entitled for that system. 

Your other systems may be entitled, enabling you to download it, but that doesn't legally mean you can download it for installation on a non-entitled system.

[AlexKost]

Hi Alex, i got it.

no software support = no legal download or use of new ONTAP software or new patches of older releases (e.g. 9.10.x) which are running on the systems.

[SpindleNinja]

Correct.

 I would consider working with your account team to get some low cost renewal for that system.