Can I get a refund for Vista?

J

John Henckel

I bought a new pc with Vista-64 ultimate OEM installed. But now I discovered
that I cannot use it, because I need Cisco VPN IPSec Client to connect to
work, and Cisco does not support Vista 64.

So my question is. Can I get a refund on Vista, or a credit toward purchase
of XP Pro, or can I resell Vista to someone else?

thanks, john
 
K

Kerry Brown

The answer to all of the questions is no.

You can use your downgrade rights to install XP Pro. There is no charge for
this if you already have XP Pro media to install from. If you don't then you
will have to contact the OEM manufacturer to see if they will supply it to
you. They may charge for this.

http://download.microsoft.com/downl...cbd-699b0c164182/royaltyoemreferencesheet.pdf

Before you do this make sure you have a good backup. Make sure you have XP
drivers available for all your hardware. You will lose all the applications
that came with your computer unless you have the disks to reinstall them.

You could also contact the OEM about switching to Vista x86.
 
C

Carey Frisch [MVP]

OEM versions of Microsoft Windows cannot be resold.
The license is permanently tied to the very first computer
it is installed and activated on.

--
Carey Frisch
Microsoft MVP
Windows Desktop Experience -
Windows Vista Enthusiast

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

I bought a new pc with Vista-64 ultimate OEM installed. But now I discovered
that I cannot use it, because I need Cisco VPN IPSec Client to connect to
work, and Cisco does not support Vista 64.

So my question is. Can I get a refund on Vista, or a credit toward purchase
of XP Pro, or can I resell Vista to someone else?

thanks, john
 
M

Mark H

Guess you didn't read the label:
"Verify compatibility with 64-bit services prior to purchase."

That said, you could probably have the manufacturer send you the 32-bit
version.
(For a nominal fee to cover shipping and handling.)

You could take the computer back to the dealer and maybe swap it for
something comparable in 32-bit.

But, to get a credit for just the OS being incompatible. Not likely.
 
M

Mark H

That's an interesting concept since the Product Key on the bottom of the
computer is never actually used to activate the computer.
Instead, a corporate "OEM" activation license and key are installed on the
computer. Even the manufacturer doesn't activate the machine. They are
simply authorized to make so many computers with the corporate "OEM" license
and key. So, what exactly is tied to the machine. Nothing.
 
C

Carey Frisch [MVP]

Major computer manufacturer's, such as Dell, HP, Acer, etc. use
"System Locked Pre-installation," or SLP with their OEM discs.
SLP uses information stored in an OEM PC's BIOS. No communication by
the end customer to Microsoft is required and no hardware hash is created or
necessary. At boot, Windows Vista compares the PC's BIOS to the SLP information.
If it matches, no activation is required.

If someone were to use the OEM's Windows Vista recovery disc
on a different computer, the license will never activate since the
BIOS does not contain the information necessary to activate
Windows Vista. Phoning Microsoft for activation help won't
work either.

--
Carey Frisch
Microsoft MVP
Windows Desktop Experience -
Windows Vista Enthusiast

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

That's an interesting concept since the Product Key on the bottom of the
computer is never actually used to activate the computer.
Instead, a corporate "OEM" activation license and key are installed on the
computer. Even the manufacturer doesn't activate the machine. They are
simply authorized to make so many computers with the corporate "OEM" license
and key. So, what exactly is tied to the machine. Nothing.
 
C

Colin Barnhorst

The computer and the OS are licensed as a single unit. He needs to exchange
the unit.
 
M

Mark H

My point was not to pirate the software, but that there should be no reason
he could not return the Vista license he never used or activated..
They made 10,000 computers with the same hardware signature. Put it back in
the bin for the next computer made and give him the 32-bit version.
 
N

Nigel Molesworth

OEM versions of Microsoft Windows cannot be resold.
Click to expand...

Yes they can, although Microsoft say they may not.

Note the distinction between "can" and "may".
 
N

Nigel Molesworth

On Fri, 20 Jun 2008 08:25:04 -0700, John Henckel <John
So my question is. Can I get a refund on Vista
Click to expand...

If you are in the UK, you have 7 days to change your mind on an online
purchase.
 
C

Carey Frisch [MVP]

From the Windows Vista OEM EULA:

"The software license is permanently assigned to the
device (computer) with which you acquired the software".

"You make transfer the software directly to a third party
only with the licensed device (the computer)".

What this is saying is if you want to sell an OEM Windows Vista
license, it must be sold along with the computer it originally came with.

--
Carey Frisch
Microsoft MVP
Windows Desktop Experience

_____________________________________________
 
J

John Barnett MVP

Nigel I have before me a copy of Currys exchange and refund policy and it
states quite clearly

"If you have bought a product and now simply change your mind, we will
exchange or refund it within twenty eight days of purchase as long as the
product is returned unopened and complete with any free gift supplied."

While you are allowed to 'change your mind' the return policy relies upon
the goods being returned 'unopened' As soon as you open the packaging you
are deemed to have accepted the company's terms and conditions of sale.

--

--
John Barnett MVP
Associate Expert
Windows Desktop Experience

Web: http://xphelpandsupport.mvps.org
Web: http://vistasupport.mvps.org

The information in this mail/post is supplied "as is". No warranty of any
kind, either expressed or implied, is made in relation to the accuracy,
reliability or content of this mail/post. The Author shall not be liable for
any direct, indirect, incidental or consequential damages arising out of the
use of, or inability to use, information or opinions expressed in this
mail/post..
 
M

Mick Murphy

Carey, you can buy an OEM disk with a Cat5 cable!
That fulfills the EULA meaning of a "Device"
 
B

Bistey Csaba

Yes and it raises EULA's fun factor if you put it directly into it:

You may install one copy of the software on the licensed device (Cat5
cable). You may use the software on up to two processors on that device
(Cat5 cable) at one time.

Csaba
 
N

Nigel Molesworth

As soon as you open the packaging you
are deemed to have accepted the company's terms and conditions of sale.
Click to expand...

Which are, of course, overridden by consumer law.

You get 7 days cooling off on online purchases. Period.
 
C

Colin Barnhorst

The consumer_oem eula states:

"2. INSTALLATION AND USE RIGHTS. The software license is permanently
assigned to the device with which you acquired the software. That device is
the “licensed device.†A hardware partition or blade is considered to be a
separate device.
a. Licensed Device. 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. You may not use the software on any other device."

So if you can't install Windows on a Cat5 cable and you can't install it on
any other device because the Cat5 cable is the licensed device, what are you
going to do with it?

This is nonsense. The requirement, such as it is, to sell a piece of
hardware with OEM software only applies to the software resellers. It has
nothing to do with end users.

The fact is you do not get a EULA when you purchase an OEM copy of Windows.
You get the OEM (System Builder) License, which entitles you to install the
software on a computer for sale. You do not get the right to use the
software, just install it on a computer you are preparing for sale to a
customer.

The consumer_oem EULA is installed with the rest of Windows by the system
builder and is in effect when the customer (end user) assents to it during
the first run (OOBE).

The OEM (system builder) license is only binding on the system builder and
expires when control of the computer passes out of his hands. The
consumer_oem EULA is not binding on the purchaser of the software but the
purchaser of the computer. The EULA specifies that the hardware and
software are a single and inseparable unit. As is quoted above, "The
software license is permanently assigned to the device with which you
acquired the software."
 
D

Donald L McDaniel

The answer to all of the questions is no.

You can use your downgrade rights to install XP Pro. There is no charge for
this if you already have XP Pro media to install from. If you don't then you
will have to contact the OEM manufacturer to see if they will supply it to
you. They may charge for this.

http://download.microsoft.com/downl...cbd-699b0c164182/royaltyoemreferencesheet.pdf

Before you do this make sure you have a good backup. Make sure you have XP
drivers available for all your hardware. You will lose all the applications
that came with your computer unless you have the disks to reinstall them.

You could also contact the OEM about switching to Vista x86.
Click to expand...


Actually, Kerry, it really depends on whether he bought a Retail boxed
edition, or an OEM edition.

IF he purchased a boxed version, he has every right to return it to
Microsoft for a refund.

Otherwise, he has to speak with the OEM he may have bought it from.

I believe Microsoft Support will be generous to this man, in any case,
since it should still be under warranty for purposes of installation.

It certainly can't hurt to try.
 
C

Colin Barnhorst

First sentence out of the OP's mouth, Donald,
"I bought a new pc with Vista-64 ultimate OEM installed."
 

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