As Olaf says, this is a technical forum, and licensing is a legal matter.
What I can do is do refer you to the Microsoft Licensing Guide: https://download.microsoft.com/download/9/3/d/93d32de6-f268-45ed-ba25-2f9a6756b6af/SQL_Server_2022_Licensing_guide.pdf I am quite sure that scenario very similar to yours are covered there.
In any doubt, contact Microsoft for clarity.
If you don't have Software Assurance, you should absolutely consider to get it. SA comes with a number of great benefits, and one is one free passive node in an AG.