End-user License for Vista

[Alan]

I have just seen the new License terms for the Vista versions on the MS
website and am concerned about new restrictions about using the license on a
new machine. It seems you are only allowed to transfer vista once to a new
machine. I have checked with Microsoft and apparently installing a new
motherboard/ processor is as far as they are concerned a new machine!
This is going to hit those of us who home build our machines and upgrade
regularly very hard. I must admit I am thinking whether the change to Vista
is worthwhile. This is a new restriction which does not appear in the XP
EULA.
Alan

 

[Terje Alexander Barth]

I have just seen the new License terms for the Vista versions on the MS
website and am concerned about new restrictions about using the license on a
new machine. It seems you are only allowed to transfer vista once to a new
machine. I have checked with Microsoft and apparently installing a new
motherboard/ processor is as far as they are concerned a new machine!
This is going to hit those of us who home build our machines and upgrade
regularly very hard. I must admit I am thinking whether the change to Vista
is worthwhile. This is a new restriction which does not appear in the XP
EULA.
Alan

With that license I am f...ed... considering I've run through a few
XP Activations due to regular hardware updates...

Hmm.. so if I upgrade my CPU (next thing on the list) RC2 will stop working?
thats awesome.

Wonder if Private Citizens can purchase a VLK version of Vista to avoid the grief.

 

[Beck]

I have just seen the new License terms for the Vista versions on the MS
website and am concerned about new restrictions about using the license on
a new machine. It seems you are only allowed to transfer vista once to a
new machine. I have checked with Microsoft and apparently installing a new
motherboard/ processor is as far as they are concerned a new machine!
This is going to hit those of us who home build our machines and upgrade
regularly very hard. I must admit I am thinking whether the change to
Vista is worthwhile. This is a new restriction which does not appear in
the XP EULA.

The new motherboard restriction has always been in place with XP oem. Not
sure about retail.
I think its a very harsh restriction as motherboards can and do fail and its
unfair for the customer to have to buy a new version. I wonder if the EU
commission knows about this ;-)

 

[Beck]

I have just seen the new License terms for the Vista versions on the MS
website and am concerned about new restrictions about using the license on
a new machine. It seems you are only allowed to transfer vista once to a
new machine. I have checked with Microsoft and apparently installing a new
motherboard/ processor is as far as they are concerned a new machine!
This is going to hit those of us who home build our machines and upgrade
regularly very hard. I must admit I am thinking whether the change to
Vista is worthwhile. This is a new restriction which does not appear in
the XP

Have you got a link to the EULA please?

 

[Jane C]

Quite frankly, the new EULA stinks.

 

[Alias~-]

The new motherboard restriction has always been in place with XP oem.

False. I've changed three on one computer and one on this computer, both
running generic OEMs.

Not sure about retail.
I think its a very harsh restriction as motherboards can and do fail and
its unfair for the customer to have to buy a new version. I wonder if
the EU commission knows about this ;-)

I hope so.

Alias

 

[Beck]

False. I've changed three on one computer and one on this computer, both
running generic OEMs.

Its in the XP EULA. Whether people choose to go with it is another matter.

 

[Alias~-]

Its in the XP EULA. Whether people choose to go with it is another matter.

It's not in my EULAs, both for XP Pro English and XP Home Spanish. Have
you read the EULA? Mine do not even mention the word "motherboard", much
less speak of any restrictions.

Alias

 

[Guest]

Vista's License restrictions should be not pursuant to Italian and UE Laws,
since the rights granted to software users should be limited by manufacturer
to only ONE computer, but independently from its internal components.

Moreover, the mentioned Laws grant the user's right to make a security copy
of any software.

I'm convinced Microsoft must find a corrective to this provision to avoid
the risk of contract infringment objections by users that home-build their
own PC (there are MANY of them) and have the right to use the paid software
on it.

Heywood.

 

[Beck]

It's not in my EULAs, both for XP Pro English and XP Home Spanish. Have
you read the EULA? Mine do not even mention the word "motherboard", much
less speak of any restrictions.

No you are right, I was having a non-blonde moment.
Weirdest thing is, I was having the same arguement months ago with someone
in the XP group and I stated then it was not in the EULA so I am not sure
what my brain was doing, sorry

 

[Alias~-]

No you are right, I was having a non-blonde moment.
Weirdest thing is, I was having the same arguement months ago with
someone in the XP group and I stated then it was not in the EULA so I am
not sure what my brain was doing, sorry

No problem. At my age (60), I have "senior moments" ;-)

Alias

 

[John Barnes]

You probably are looking at retail which didn't have the restriction. OEM
is subject to the System Builders license by reference and has the
motherboard restriction. A replacement for a failed motherboard has been
okay, but not a 'differnt' board. You can always claim your board failed
and an exact replacement was not available, but you are violating the
license.

 

[Alan]

There are two items on this on www.windows-now.com/blogs/ together with
links.

Alan

 

[Alias~-]

You probably are looking at retail which didn't have the restriction.

Nope. I have generic OEM versions on all my computers.

OEM
is subject to the System Builders license by reference and has the
motherboard restriction. A replacement for a failed motherboard has been
okay, but not a 'differnt' board. You can always claim your board failed
and an exact replacement was not available, but you are violating the
license.

False. I am not a systems builder, never agreed to a systems builder's
license terms and can only go on the EULA I DID agree to which says
nothing about having to abide by a systems builder's license or a
motherboard. I never had to claim anything because neither of my
machines were asked to be activated due to hardware upgrades.

In fact, on one machine the only thing that hasn't been upgraded is the
case and I was only asked to activate when I reinstalled Windows, not
when I upgraded the hardware.

Have you read a generic OEM EULA?

Alias

 

[Beck]

You probably are looking at retail which didn't have the restriction. OEM
is subject to the System Builders license by reference and has the
motherboard restriction. A replacement for a failed motherboard has been
okay, but not a 'differnt' board. You can always claim your board failed
and an exact replacement was not available, but you are violating the
license.

No it doesn't, I just checked it over. The only thing that relates to
hardware is the following:

1. GRANT OF LICENSE.
Manufacturer grants you the following rights provided that
you comply with all terms and conditions of this EULA:

1.1 Installation and use. You may install, use, access,
display and run one copy of the SOFTWARE on the
COMPUTER. The SOFTWARE may not be used by more than
two (2) processors at any one time on the COMPUTER,
unless a higher number is indicated on the COA.

1.2 SOFTWARE as a Component of the COMPUTER - Transfer.
This license may not be shared, transferred to or used
concurrently on different computers. The SOFTWARE
is licensed with the COMPUTER as a single integrated
product and may only be used with the COMPUTER.
If the SOFTWARE is not accompanied by HARDWARE,
you may not use the SOFTWARE. You may permanently
transfer all of your rights under this EULA only
as part of a permanent sale or transfer of the
COMPUTER, provided you retain no copies of the
SOFTWARE. If the SOFTWARE is an upgrade,
any transfer must also include all prior versions
of the SOFTWARE. This transfer must
also include the Certificate of Authenticity
label. The transfer may not be an indirect transfer,
such as a consignment. Prior to the transfer,
the end user receiving the Software must agree
to all the EULA terms.

<end paste>
There is nothing in there relating to replacement of motherboard.

 

[MICHAEL]

What I find heavy handed, is the fact which versions are
allowed to be run in a virtual environment.

Home Basic and Home Premium are not allowed
to be virtualized. Why?
I know Ultimate is allowed.

My favorite is

<quote>
8. SCOPE OF LICENSE.
You May Not:
- work around any technical limitations in the software;
</quote>

What does that mean? Most of, in some fashion or another,
have always worked around Windows' "technical limitations".

Oh, and WTF does this mean? "only one user may use the software
at a time", located under Number of Users.

This, too:
<quote>
You may install one copy of the software on the licensed device.
You may use the software on up to two processors on that device
at one time.
</quote>

Only "two processors"?
Quad cores are not too far off.
http://www.infoworld.com/article/06/09/27/HNintelquadcorenovember_1.html


-Michael

 

[MICHAEL]

What I find heavy handed, is the fact which versions are
allowed to be run in a virtual environment.

Home Basic and Home Premium are not allowed
to be virtualized. Why?
I know Ultimate is allowed.

My favorite is

<quote>
8. SCOPE OF LICENSE.
You May Not:
- work around any technical limitations in the software;
</quote>

What does that mean? Most of, in some fashion or another,
have always worked around Windows' "technical limitations".

Oh, and WTF does this mean? "only one user may use the software
at a time", located under Number of Users.

This, too:
<quote>
You may install one copy of the software on the licensed device.
You may use the software on up to two processors on that device
at one time.
</quote>

Only "two processors"?
Quad cores are not too far off.
http://www.infoworld.com/article/06/09/27/HNintelquadcorenovember_1.html


-Michael

 

[John Barnes]

From Microsoft site, questions and answers about OEM product. If you don't
like the answer, not my problem. Call Microsoft. Check
http://blogs.msdn.com/mssmallbiz/archive/2005/09/07/461961.aspx

Generally, you may upgrade or replace all of the hardware components on your
computer and maintain the license for the original Microsoft OEM operating
system software, with the exception of an upgrade or replacement of the
motherboard. An upgrade of the motherboard is considered to result in a "new
personal computer." Microsoft OEM operating system software cannot be
transferred from one computer to another. Therefore, if the motherboard is
upgraded or replaced for reasons other than a defect then a new computer has
been created, the original license expires, and a new full operating system
license (not upgrade) is required. This is true even if the computer is
covered under Software Assurance or other Volume License programs

From legitimate dealers

This product is intended for system builders and small OEMs (Original
Equipment Manufacturers) who manufacture computer systems and preinstall
Microsoft OEM system builder software onto those systems. Its use is subject
to the OEM System Builder License Agreement that is affixed to the side of
all OEM system builder software packs.

 

[Alias~-]

From Microsoft site, questions and answers about OEM product. If you don't
like the answer, not my problem. Call Microsoft. Check
http://blogs.msdn.com/mssmallbiz/archive/2005/09/07/461961.aspx

Generally, you may upgrade or replace all of the hardware components on your
computer and maintain the license for the original Microsoft OEM operating
system software, with the exception of an upgrade or replacement of the
motherboard. An upgrade of the motherboard is considered to result in a "new
personal computer." Microsoft OEM operating system software cannot be
transferred from one computer to another. Therefore, if the motherboard is
upgraded or replaced for reasons other than a defect then a new computer has
been created, the original license expires, and a new full operating system
license (not upgrade) is required. This is true even if the computer is
covered under Software Assurance or other Volume License programs

From legitimate dealers

This product is intended for system builders and small OEMs (Original
Equipment Manufacturers) who manufacture computer systems and preinstall
Microsoft OEM system builder software onto those systems. Its use is subject
to the OEM System Builder License Agreement that is affixed to the side of
all OEM system builder software packs.

Not applicable to generic OEM versions of XP sold to end users, not
system builders, sorry. You are quoting the OEM System Builder
Agreement. Nowhere in the EULA that Beck quoted or that I have does it
say that one has to go online for further clarification. Fact is, XP
didn't even burp when I changed the motherboard twice on one machine and
once on another.

Proof is in the pudding and all that jazz.

Alias

 

[Carey Frisch [MVP]]

No, there’s no ban on virtual Vista
http://blogs.zdnet.com/Bott/?p=157

--
Carey Frisch
Microsoft MVP
Windows Shell/User

---------------------------------------------------------------------------------

:

| What I find heavy handed, is the fact which versions are
| allowed to be run in a virtual environment.
|
| Home Basic and Home Premium are not allowed
| to be virtualized. Why?
| I know Ultimate is allowed.
|
| My favorite is
|
| <quote>
| 8. SCOPE OF LICENSE.
| You May Not:
| - work around any technical limitations in the software;
| </quote>
|
| What does that mean? Most of, in some fashion or another,
| have always worked around Windows' "technical limitations".
|
| Oh, and WTF does this mean? "only one user may use the software
| at a time", located under Number of Users.
|
| This, too:
| <quote>
| You may install one copy of the software on the licensed device.
| You may use the software on up to two processors on that device
| at one time.
| </quote>
|
| Only "two processors"?
| Quad cores are not too far off.
| http://www.infoworld.com/article/06/09/27/HNintelquadcorenovember_1.html
|
|
| -Michael