OEM Licensing

[steve]

Our network primarily consists on Dell Optiplex GX60 machines, that have
windows 2000 installed OEM, with a branded Dell product key sticker and
backup copy of windows 2000. If one of the machines need a system restore,
you just boot off the CD, install using the key on the sticker and
everything is OK.

Since March, every new GX60 we get from Dell has windows 2000 preinstalled
on it (requested by us at the time of order), but they supply us with a
windows XP restore disc, and a windows XP product key sticker. I phoned Dell
to query this, as I expected to receive windows 2000 media and license keys
but they told me that the XP license covers downgrade rights to 2000, and
all media from this point on will be XP.

I have had to do a system restore on one of the new machines today, and in
order to install windows 2000 I have had to use a restore disc and product
key from a pre-march computer. I think by doing this I have breached the OEM
license, as the same product key is in use twice on our network. Also, it
doesn't seem right that I have to use the restore disc from another computer
get the system back to it's factory state.

Can someone please advise?

Thanks,
steve

 

[Bruce Chambers]

Dell doesn't seem be to a very good choice for any future
purchases. I've ordered and received Win2K from other manufacturers
as recently as last month.

You may legitimately use an already used Win2K Product Key to
perform the installation, as long as you retain the WinXP license in
your possession, and do not use it on another computer. It acts as
the documentation that allows the downgrade.

Some WinXP Pro licenses, such as OEM or open/Select Volume
Licensing (One must read the specific EULA for verification), do
provide for downgrading of the license to an earlier version of
Windows, but there is still no way to downgrade the installed
operating system, short of formatting and performing a clean
installation. In order to do this, one must have a valid installation
CD and Product Key for the target OS.

Licensing Briefs
http://www.microsoft.com/licensing/resources/volbrief.mspx

--

Bruce Chambers

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[Eric McG]

If there were any allowable variations to your specifications in the original
purchase order it should be so stated in the body of your purchase order or in
its terms and conditions.

It sounds like Dell tried to take the easy way out of complying with their end
of the contract.

If I were you, I'd take this info to your legal department and have them demand
copies of the Win2K restore CDs with Win2K Product keys to comply with your
purchase order requirements (which is a contract).