Frequently Asked Questions:
Q. How does Sun define grey market product?
A. Sun defines grey market product as new Sun product supplied by a party which is not authorised by Sun to do so. Typically Sun defines new product as that which is unused and is less than 15 months old.
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Q. How does Sun define secondary market?
A. Sun defines secondary market product as product which has been previously owned by a legitimate end user customer. Secondary market product is typically traded from one end user directly to another or via an intermediary, i.e a broker.
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Q. Will Sun support grey market product?
A. No, Sun's policy is not to allow grey market product to be placed on a Sun support contract.
 This policy is publicly documented here
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Q. What is the European Economic Area (EEA)
A. The EEA is the term used to describe the "internal market" of the European Union and is made up of the 25 member states of the EU plus the 3 subscribing states of Norway, Lichtenstein and Iceland.
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Q. What is meant by "unlawfully imported product"?
A. Sun Microsystems is entitled through the enforcement of its trademark rights to control into which market products are placed and must remain. Only with the explicit permission of Sun, as the trademark owner, can
product bearing Sun's trademarks be migrated between markets. Therefore, any Sun product brought into the UK from outside the European Economic Area without Sun's explicit permission is considered to have been unlawfully imported.
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Q. Will I get Sun warranty support on grey market product?
A. It depends. Only product which is legitimately on the market within the EEA is entitled to warranty support from Sun. Sun has no legal obligation to honour any warranty claim on product which has been unlawfully imported into the UK. As many of the new Sun products sold by unauthorised brokers in the UK originate from outside the EEA it is quite likely that your grey market product will not be entitled to any warranty support.
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Q. Does all grey and secondary market product come with a valid Solaris licence?
A. No, only Sun Microsystems and Sun's authorised resellers are lawfully entitled to transfer software licences to end-users. Therefore any Sun product (e.g a server) you might purchase from a grey market broker cannot be supplied by that broker with any software (e.g Solaris) licences. Any customer purchasing Sun hardware from an unauthorised source must subsequently obtain the required Sun software licence(s) directly from Sun.
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Q. How do I know if a reseller who is offering me Sun product is authorised by Sun to do so?
A. Sun UK maintains a full list of all UK and Ireland based resellers who are authorised to sell the full range of Sun Microsystems products. This list can be accessed here. If the name of the
party offering you Sun product is not on that list and they are a UK and Ireland based company then they are not authorised by Sun to sell Sun product. Please contact your local Sun Sales Office to obtain validation
of a Sun reseller based inside the EEA.
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Q. What other hidden dangers are there in buying grey market Sun product?
A. Apart from the issues of the product not being on the market in the UK lawfully and the validity (or otherwise) of all software licences there are other factors to consider. Sun will not place grey market product on a Sun support contract so you would not benefit from Sun's world-class hardware and software support infrastructure. Sun does not in any way guarantee the quality of any Sun product purchased from an unauthorised source. Unlike within Sun's authorised reseller network, Sun has no knowledge of how its products are transported, handled and stored within the unauthorised broker network. Sun has seen instances where Sun product offered for sale in the grey market has been stolen and also situations where Sun product has been "upgraded" with 3rd party and/or counterfeit parts. All these factors add to the significant business risk associated with obtaining Sun product from unauthorised sources.
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Q. What happens if it turns out the Sun product(s) I have purchased from a broker are stolen?
A. Sun's policy is to inform the relevant law enforcement agencies if it identifies the whereabouts of any stolen product. It is Sun's experience in these cases that law enforcement agencies tend to remove stolen property immediately it is identified without notice to the current "owner". This can lead to serious disruption of services and can cause significant issues pertaining to an organisations reputation in the market place.
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Q. How can grey market brokers offer Sun product much cheaper than the authorised resellers?
A. Much of the new product offered for sale by unauthorised brokers has been unlawfully imported by the brokers from other global markets. Sun Microsystems, like all vendors with a global sales and distribution
model, is entitled to ring fence those markets from each other. It is the price differential between these markets, that is being unlawfully exploited by the brokers and allows them to offer seemingly cheap products for sale. It is also worth noting that the price of a Sun product from a grey market broker may seem cheaper than that available from an authorised reseller but there are many hidden costs associated with the grey product - lack of warranty support, no support eligibility, invalid Solaris licence, etc.
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Q. What does Independent Sun Reseller mean?
A. The term reseller is a generic term and has no specific implications for the status of a company - i.e any company can call itself a "Reseller". Only those companies that have applied to Sun and passed the
comprehensive certification process can call themselves a Sun authorised Reseller. Any party describing themselves as an "Independent Reseller" or "Independent Distributor" or such like are not authorised by Sun to sell Sun products.
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Q. What is Sun doing to kerb the unlawful activities of some of the unauthorised brokers?
A. Sun Microsystems globally monitors the activities of unauthorised brokers and does act when appropriate to protect its IP rights and its reputation as a supplier of high quality and reliable computer products. Sun has taken legal action against some brokers involved in unlawful activity and won all the cases it has embarked on. Sun takes these measures to protect its customers from unscrupulous brokers and to protect its IP rights as a global supplier.
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Q. How can I be sure I get the highest quality Sun product when I make my investment in Sun technology?
A. The only way to ensure you get a high quality product when you make your investment in Sun technology is to ensure you are purchasing Sun product from Sun directly or a Sun authorised reseller. If you are in any
doubt about the contractual status of any party offering to sell you Sun product you can check if they are on the Sun UK authorised partner list here. Alternatively, ask the company to provide you
with written confirmation that they are a "Sun authorised Reseller" and to quote their Sun reseller agreement number. If the company is unable or unwilling to do this then they are unlikely to be a Sun authorised
reseller.
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Q. What is an "EU serial number"?
A. Many brokers, trying to allay the concerns of their potential customers regarding the source of their product, use the term "EU Serial number". The term is designed to make the customer feel that the product is on the market in the UK legitimately and that it has not been unlawfully imported. Usually the basis for this assertion is either were the product was manufactured (e.g "Made in Ireland") or where the broker obtained the product (e.g another broker within the EU). Neither of these factors gives any protection against the likelihood that the product has been unlawfully imported. Sun manufactures product in a number of plants in the EU but the product those plants produce is just as likely to be placed on the market by Sun outside the EU as it is to be sold inside the EU. Therefore, an unauthorised broker is unlikely to know the true provenance of Sun product they obtain from other unauthorised brokers, even if those brokers are within the EU.
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Q. What is SSQS?
A. SSQS stands for System Support Qualification Process. This service is designed to support those customers wishing to purchase legitimate second hand product on the open market and subsequently wish to place it on a Sun support contract. The SSQS process initially involves a provenance check on the product in question to ensure it is on the market in the UK both legally (i.e not stolen) and lawfully (i.e on the market in the EEA with Sun's explicit consent).The SSQS process also involves an on-site inspection and test of the system(s) in question and a validation of the relevant Solaris licences. Once all the tests and inspections have been passed the system(s) will be issued with an SSQS Certification which entitles the system to be placed on a Sun support contract. The certificate is valid for 90 days and the SSQS certification process is subject to a fee that does not include any parts and labour required to resolve any hardware related issues.
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Q. How can I get lawfully obtained, genuine second hand Sun product onto a Sun support contract?
A. Contact your local Sun support representative and ask for an SSQS (System Support Qualification Service) inspection of your system in order to obtain an SSQS certificate.
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Q. Will the installation of grey/secondary market parts into my system effect my existing Sun support contract?
A. Yes, the installation of grey and/or secondary market parts into a system already covered by a Sun support contract is in breach of the terms of that support contract. Sun does not take any responsibility for
any damage or loss of availability associated with the installation, potential failure or removal of grey/secondary market parts in any supported system.
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Q. If a company's web page has the Sun logo on it can I assume they are authorised by Sun to sell Sun product?
A. No, a reseller can exhibit some of Sun's trademarks and logos on their web site so long as they do so to identify genuine Sun products and use the trademarks in accordance with honest commercial practices.
Therefore, the display of a Sun Microsystems logo or trademarks on a web site is no guarantee that any contractual relationship exists between that company and Sun Microsystems.
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Q. What factors govern the 'type' of Solaris licence required to run Solaris lawfully on a Sun system?
A. Only two factors govern the type of licence you need to obtain in order to run Solaris lawfully on a system which has not been supplied with a valid Solaris licence (e.g obtained from an unauthorised source,etc). The first is the version of Solaris you wish to use (i.e Solaris 8, 9 or 10) and secondly the potential CPU capacity of the system. Solaris licences are sized on the basis of the number of CPUs a system can hold as opposed to the current physical configuration. For example, in order for a 4-way V890 to run Solaris 9 it will require an 8-way Solaris 9 licence.
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Q. What is a Sun Volume Product Reseller?
A. A Sun Volume Product Reseller (VPR) is an authorised Sun reseller authorised only to sell Sun's server product line based on Opteron servers.
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