OEM Licensing

G

Guest

I own a legitimate OEM WinXP copy from Emachines. If or when I should say I
upgrade to a new machine - will the oem license transfer?
 
A

Alias

Jim H said:
I own a legitimate OEM WinXP copy from Emachines. If or when I should say I
upgrade to a new machine - will the oem license transfer?

If you wait for over 120 days, yes, you can put it on a new computer and
activate it with no problems, although, technically, that would be against
the EULA unless the "new" computer was a product of updating your current
computer. The problem is MS doesn't define how much upgrading it would take
so that a computer becomes "another" or a "new" computer. With OEMs you
don't get any MS support but you sure can have MS telling you you can't use
the product for which you paid good money.

Alias
 
P

Paul Mckenna

Hi,

As far as i understand the OEM license agreement. It is licensed for the
machine itself, if the machine has it's motherboard replaced, this then
constitues what MS consider a new machine and you are required to purchase
another license, Unless this is done as a warranty replacement.
Their reasoning is that you cannot expect the original supplier of the
license to still give support for what is essientially a new machine. (Not
too sure what happens if the same supplier does the upgrade)

Hope this helps

Regards
Paul Mckenna
 
A

Alias

Oli Restorick said:
No. OEM licenses are tied to the machines they are sold with.

Oli

How do you define "machine"? If I change the hard drive, is it the same
machine? How about the motherboard? The processor? Can I change my mouse?
Keyboard? Can I upgrade from a CD RW to a DVD burner? How about the fans? If
ones dies, can I replace it or do I need to buy another XP first? What about
the speakers? Can I change those? What *is* MS' definition of a "machine"?

Alias
 
A

Alias

That's not a "new machine". That's a motherboard upgrade or replacement for
a motherboard that may have gone south.

MS doesn't clearly define itself in this area.

Alias
 
G

G. Vaught

As long as your CD is legitimate there should be no problem. I recently
bought a new hard drive and installed XP Pro with no problems.
 
J

Jupiter Jones [MVP]

Try that with the Emachines Windows XP.
It probably will not work at all.
Be sure to also blame Emachines while you are so eager to blame
Microsoft.

The license limitations are part of what comes with an OEM license.
If no limits are needed, a retail license is needed.
Another of the many reasons OEM is cheaper than retail.

--
Jupiter Jones [MVP]
http://www3.telus.net/dandemar/


If you wait for over 120 days, yes, you can
put it on a new computer and
 
J

Jupiter Jones [MVP]

But many OEMs effectively define the motherboard as the computer as
Emachines does, since the recovery CD provided is tied to the
motherboard.
 
A

Alias

Jupiter Jones said:
But many OEMs effectively define the motherboard as the computer as
Emachines does, since the recovery CD provided is tied to the motherboard.

But MS doesn't. I said in another post, I didn't realize Emachines did that.
I have an HP with an OEM Win 98 SE and it will only install on HP's
motherboard. One of the many reasons I went to white boxes.

Alias
 
P

Paul Mckenna

Hi,

This is taken from the MS Website on OEM licensing.

Q. Can a PC with OEM Windows XP have its motherboard upgraded and keep the
same license? What if it was replaced because it was defective?
A. Generally, you may upgrade or replace all of the hardware components on
your customer's computer and the end user may 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" to which Microsoft® OEM
operating system software cannot be transferred from another computer. If
the motherboard is upgraded or replaced, then a new computer has been
created and the license of new operating system software is required. If the
motherboard fails and is replaced under warranty, you do NOT need to acquire
a new operating system license for the PC.

The reason for this licensing rule primarily relates to the end-user license
agreement (EULA) and the support of the software covered by that EULA. The
EULA is a set of usage rights granted to the end-user by the PC manufacturer
and relates only to rights for that software as installed on for that
particular PC. The System Builder is required to support that license the
software on that individual PC. Understanding that end users, over time,
upgrade their PC with different components, Microsoft needed to have one
base component "left standing" that would still define that original PC.
Since the motherboard contains the CPU and is the "heart and soul" of the
PC, when the motherboard is replaced (for reasons other than defect) a new
PC is essentially created. The original System Builder, therefore, can not
be expected to support this new PC that they in effect, did not manufacture.


I think it's clearly defined. Maybe that's just me though :)

Regards
Paul Mckenna
 
A

Alias

Thank you. That *is* very clear, although you can get around it by waiting
120 days and most people don't upgrade motherboards that often. So, for all
practical purposes, you can upgrade anything on your computer and still keep
the original XP OEM and have no problem come activation time.

Alias
 
K

Ken Blake

In
Jim H said:
I own a legitimate OEM WinXP copy from Emachines. If or when I
should
say I upgrade to a new machine - will the oem license transfer?


No. Perhaps the biggest disadvantage of an OEM license is that it
is permanently tied to the first computer it's installed on, and
can never be legally moved to another.
 
R

Rick \Nutcase\ Rogers

Hi,
How do you define "machine"?

It is the hardware the OEM version is sold with. All of it.
If I change the hard drive, is it the same machine?

No, but this is not enough to consider it to be a "new" machine.
How about the motherboard?

Yes, this would be seen as a new machine.
The processor?

By itself, probably not.
Can I change my mouse?

Absolutely, this is a peripheral.
Keyboard?

Same thing.
Can I upgrade from a CD RW to a DVD burner?
Yep.

How about the fans?
Yes.

If ones dies, can I replace it or do I need to buy another XP first?

One what dies?
What about the speakers?
Yep.

Can I change those?

Just answered that.
What *is* MS' definition of a "machine"?

The core of the system plus added components. All components are assigned a
certain "weight" depending on their function, and if the changes exceed a
"weight limit", then reactivation is required. As an OEM version is limited
in that it cannot be activated on different hardware, you are stuck with
using the hardware it comes with, or that you activated it on with some
allowance for wear and tear on components. More details on how it works
here:

http://aumha.org/win5/a/wpa.htm

--
Best of Luck,

Rick Rogers, aka "Nutcase" - Microsoft MVP

Associate Expert - WindowsXP Expert Zone

Windows help - www.rickrogers.org

<snip>
 
N

NobodyMan

How do you define "machine"? If I change the hard drive, is it the same
machine? How about the motherboard? The processor? Can I change my mouse?
Keyboard? Can I upgrade from a CD RW to a DVD burner? How about the fans? If
ones dies, can I replace it or do I need to buy another XP first? What about
the speakers? Can I change those? What *is* MS' definition of a "machine"?

Alias

It all depends. You have to admit that if you change your original
box enough, it is no longer the "orginal" computer. XP recognizes
this and after a certain amount of changes it causes a "phone home"
crisis.

This has been discussed ad nauseum. If you buy a Dell computer that
comes with an OEM XP license, that license is tied to THAT computer.
You can't take it to a new box after you toss the old one. Deal with
it and get over it. It's not worth the rising anger or the ulcer.
 
B

Bruce Chambers

Jim said:
I own a legitimate OEM WinXP copy from Emachines. If or when I
should
say I upgrade to a new machine - will the oem license transfer?


No.

OEM licenses are _permanently_ bound to the first PC on which they
are installed. An OEM license, once installed, is not legally
transferable to another computer under any circumstances.

--

Bruce Chambers

Help us help you:



You can have peace. Or you can have freedom. Don't ever count on
having
both at once. - RAH
 
M

Michael Stevens

K

Ken Blake

In
Michael Stevens said:
Ken,
From right here, I have had it linked for quite some time.
Click on or copy and paste the link below into your web browser
address box. OEM clarification.
http://michaelstevenstech.com/oemeula.htm


Thanks, Michael. Not to dispute what it says on your website, but
I'd like to have a URL of a Microsoft site I can quote to others.
There's a link on your page to a Microsoft site, but as you say,
that's for registered OEM builders only.

--
Ken Blake - Microsoft MVP Windows: Shell/User
Please reply to the newsgroup

 
M

Michael Stevens

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