Is it legal to use WindowsXP in a pay-per-use kiosk?

[ed]

Is it legal to use WindowsXP in a pay-per-use kiosk? This
kiosk would charge $X to let users use a windows-based
application for a certain amount of time. Users would not
be given access to windows or means to access the hardware.

 

[Doug Knox MS-MVP]

Good question. You'd have to read the EULA thoroughly, but I would have to assume there's some provision for it. After all Rent-A-Center and other places rent computer's by the week. I would assume they come with an operating system.

 

[ed]

The EULA does not specifically mention this situation. The
closest is:
"No Rental. You may not rent, lease, lend or provide
commercial hosting services to third parties with the
Product."
but this is significantly different than renting the
software. Our goal is to make money off of our kiosk
application; not XP. We are not allowing users to access
XP or copy XP.

 

[Sharon F]

The EULA does not specifically mention this situation. The
closest is:
"No Rental. You may not rent, lease, lend or provide
commercial hosting services to third parties with the
Product."
but this is significantly different than renting the
software. Our goal is to make money off of our kiosk
application; not XP. We are not allowing users to access
XP or copy XP.

Ed, since you have money riding on this answer - the fees the kiosk app
will pull in - wouldn't that justify a call to MS? Although you'll find
very good answers in these peer-to-peer newsgroups, I wouldn't rely on them
as being the "last word." It would be wiser to protect your backside by
getting an answer directly from MS.

 

[cquirke (MVP Win9x)]

Ed, since you have money riding on this answer - the fees the kiosk app
will pull in - wouldn't that justify a call to MS? Although you'll find
very good answers in these peer-to-peer newsgroups, I wouldn't rely on them

True. But, FWIW, my take: The OS is licensed per PC, not per user, so
it matters not how many users use the PC, nor does it matter that
income is derived thereby. After all, most businesses intend to
derive income from the use of software, and this is just another case
of that - the income you derive is created by you, not generated by
simply reselling the OS. If public use of the OS (on the same PC) was
a problem, every Internet cafe would have a problem.

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