Bruce Chambers said:
Vanguard said:
You'll need the read the actual EULA on the machine(s) for Windows.
Many people read more into the EULA than is actually stated there.
Don't make inferences. The OEM license is tied to the qualifying
hardware with which the license was purchased. There is no
conditions within the EULA that says a larger [sub]system gobbles up
the licenses tied to the qualifying component hardware.
Actually, the OEM EULA does say exactly that, if not in those precise
words:
"The term "COMPUTER" as used herein shall mean the HARDWARE, if
the HARDWARE is a single computer system, or shall mean the
computer system with which the HARDWARE operates, if the
HARDWARE is a computer system component."
And your point? So the qualifying hardware to which the OEM license is
attached is used in one "computer". If you want to move the license to
another computer, most the hardware to which the license was attached.
Now that qualifying component hardware is in another computer.
"you may install, use, access, display and run only one (1) copy of the
SOFTWARE on the COMPUTER." The components of the "computer" can change.
Microsoft cannot dictate that no user of their software is not permitted
to repair or upgrade their hardware since that hardware is not
Microsoft's property and yet that is the environment in which Microsoft
wants to market their product. From the definition of "computer" (and
of the component hardware), there is nothing that says the hardware
cannot change or the component be moved. Obviously if you remove the
qualifying component hardware from one box and put it in another then
there has been no loss in license revenue to Microsoft as the old box
now no longer should have a copy of Windows and only the new box have
that existing license.
"The SOFTWARE is licensed with the COMPUTER as a single integrated
product and may only be used with the COMPUTER." Again, and from their
definition of "computer" concerning the component which was the
qualifying hardware for the software license, this does not restrict you
from moving that component into another box which then becomes the
"computer". Whether you can move the OEM software license depends on
what was the qualifying hardware for it. "If the SOFTWARE is not
accompanied by HARDWARE, you may not use the SOFTWARE." Notice now the
term is hardware and not computer. Other statements regarding transfer
also use "computer" instead of "hardware" and from the definition of
"computer" then the "hardware" can still be moved into another box which
then becomes the "computer".
Don't infer more than is actually stipulated in the license. You'll end
up helping others at the expense of yourself.
