Is disaster recovery rights the same as fail-over rights?

No – DR rights allow SPLA partners to have a second (complementary) server license with which they may deploy the same product on a “cold” back-up server solely for Disaster Recovery (DR) purposes. Fail-over rights allow the server to remain in a “warm” state although passive, compared to DR rights where the server must mostly remain in a “cold” (not running) state.