Hello @David ,
Based on the title of your question, are you asking about an unlicensed free passive replica?
This is technical forum and we generally ask user to speak to licensing expert for such issues.
you can consult professionals in this area calling 1-800-426-9400, Monday through Friday, 6:00 A.M. to 6:00 P.M. (Pacific Time). For international customers, please use the https://www.microsoft.com/en-us/licensing/worldwide to find contact information in your locations. For Volume Licensing Service Support, please use the https://www.microsoft.com/Licensing/servicecenter/default.aspx to contact information for your country.
See also eBook "SQL Server 2019 Licensing Guide"
A customer with SQL Server licenses with Software Assurance has historically benefited from a free passive instance of SQL Server for their high availability configurations. In addition to the high availability and disaster recovery benefits, the following operations are allowed on the passive replicas: Database consistency checks, Log backups, Full backups, Monitoring resource usage data.
https://cloudblogs.microsoft.com/sqlserver/2019/10/30/new-high-availability-and-disaster-recovery-benefits-for-sql-server/
Best Regards,
Cris