Retail VS. OEM

  • Thread starter Thread starter nikki
  • Start date Start date
N

nikki

I have Windows XP Upgrade, which I purchased from Dell.
And now have an additional computer (running Windows 98
SE) and want to upgrade to Windows XP. Can I just
purchase a license? Or should I just buy the upgrade? If
I buy the upgrade which is recommended and what are the
differences between an OEM and Retail version? I hear
with the Retail I can install it more than once in my
home, but with the OEM I cannot, is this true? Thanks.
 
OEM:

You cannot do an upgrade install. You must reformat and clean-install. (Save
your data files on removable media, and reinstall your old programs after XP
is installed.)
It is tied to one hardware configuration forever (you can usually upgrade
the same machine, though).

Each copy of XP is tied to its machine, even retail. You can move the retail
version to a different machine, but if you try to install it on a second
machine while leaving it on the first, the second installation will
eventually fail (after 30 days) for lack of a unique product key.
 
nikki said:
I have Windows XP Upgrade, which I purchased from Dell.
And now have an additional computer (running Windows 98
SE) and want to upgrade to Windows XP. Can I just
purchase a license? Or should I just buy the upgrade? If
I buy the upgrade which is recommended and what are the
differences between an OEM and Retail version? I hear
with the Retail I can install it more than once in my
home, but with the OEM I cannot, is this true? Thanks.

All versions of XP OEM and Retail allow one install per license key.
I have an OEM version of XP, what is the difference and what makes it
cheaper than the retail version?
http://michaelstevenstech.com/xpfaq.html#can3
--

Michael Stevens MS-MVP XP
(e-mail address removed)
http://michaelstevenstech.com
For a better newsgroup experience. Setup a newsreader.
http://michaelstevenstech.com/outlookexpressnewreader.htm
 
In
nikki said:
I have Windows XP Upgrade, which I purchased from Dell.
And now have an additional computer (running Windows 98
SE) and want to upgrade to Windows XP. Can I just
purchase a license? Or should I just buy the upgrade?


Yes you can buy extra licenses (see
http://www.microsoft.com/windowsxp/pro/howtobuy/addlic.asp). But
it's not generally a good deal. The problem is that Microsoft
sells additional licenses at only a small savings over the list
price. You're almost certainly better off just buying a complete
second copy from a discount source.

If
I buy the upgrade which is recommended and what are the
differences between an OEM and Retail version?


There is no OEM upgrade. The upgrade only comes in a retail
version.

The OEM version has the following disadvantages:

1. Its license ties it permanently to the first computer it's
installed on. It can never legally be moved to another computer,
sold, or given away.

2. It can only do a clean installation, not an upgrade.

3. Microsoft provides no support for OEM versions. You have to
get any needed support from your OEM, and that may range anywhere
between good and non-existent.


I hear
with the Retail I can install it more than once in my
home, but with the OEM I cannot, is this true? Thanks.


No it's completely false. With *any* version, it can be installed
on only a single computer.
 
Ken Blake said:
In


Yes you can buy extra licenses (see
http://www.microsoft.com/windowsxp/pro/howtobuy/addlic.asp). But
it's not generally a good deal. The problem is that Microsoft
sells additional licenses at only a small savings over the list
price. You're almost certainly better off just buying a complete
second copy from a discount source.




There is no OEM upgrade. The upgrade only comes in a retail
version.

The OEM version has the following disadvantages:

1. Its license ties it permanently to the first computer it's
installed on. It can never legally be moved to another computer,
sold, or given away.

2. It can only do a clean installation, not an upgrade.

3. Microsoft provides no support for OEM versions. You have to
get any needed support from your OEM, and that may range anywhere
between good and non-existent.





No it's completely false. With *any* version, it can be installed
on only a single computer.

Just to clarify...

The OEM version is intended to only let you *activate* it on the initial
hardware that it was installed on. If you purchase an OEM CD you can
probably activate it on your own hardware (different from the OEM hardware),
but afterwards you will probably be unable to upgrade that hardware
significantly (maybe additional memory only).

The retail version can have its hardware upgraded significantly (but not
totally). You will be unable to activate it on totally different hardware
than it wa originally activated on.

See also
http://aumha.org/a/wpa.htm
 
In
Knack said:
Just to clarify...

The OEM version is intended to only let you *activate* it on the
initial hardware that it was installed on. If you purchase an OEM CD
you can probably activate it on your own hardware (different from the
OEM hardware), but afterwards you will probably be unable to upgrade
that hardware significantly (maybe additional memory only).


No, this isn't correct. You can upgrade the hardware as desired
(but see below) and reactivate if necessary, even on an OEM
version.

However, as I said above, the OEM version's license ties it
permanently to the first computer it's installed on. The question
is how many and what hardware changes can be made without
considering it a different computer. Does changing the
motherboard make it a new computer? The CPU? How about the case,
which is where the Product key sticker is supposed to be?

This is a very gray area. Microsoft has never officially
clarified exactly what constitutes a new computer (probably on
purpose).
 
Knack said:
Just to clarify...

The OEM version is intended to only let you *activate* it on the
initial hardware that it was installed on. If you purchase an OEM CD
you can probably activate it on your own hardware (different from the
OEM hardware), but afterwards you will probably be unable to upgrade
that hardware significantly (maybe additional memory only).

The retail version can have its hardware upgraded significantly (but
not totally). You will be unable to activate it on totally different
hardware than it wa originally activated on.

See also
http://aumha.org/a/wpa.htm

No, that is not correct, you can upgrade everything except the motherboard.
See link below.
Click on or copy and paste the link below into your web browser address box.
OEM clarification.
http://michaelstevenstech.com/oemeula.htm
--

Michael Stevens MS-MVP XP
(e-mail address removed)
http://michaelstevenstech.com
For a better newsgroup experience. Setup a newsreader.
http://michaelstevenstech.com/outlookexpressnewreader.htm
 
Michael said:
No, that is not correct, you can upgrade everything except the motherboard.
See link below.
Click on or copy and paste the link below into your web browser address box.
OEM clarification.
http://michaelstevenstech.com/oemeula.htm

There is I think a confusion between a system supplied OEM *and BIOS
linked*, which is the case you are thinking of, and one supplied 'with a
hardware component', where it is activated in the normal way, and where
the EULA is in some respects obscure. That is what Ken is referring to.
You can certainly upgrade to a point; once it starts asking for phone
reactivation though I have no reported cases to go on. That will not
arise until the changes are enough for the system at boot to think not
substantially the same: see www.aumha.org/win5/a/wpa.htm on when that
happens. It might be that if this has been passed, one of these OEM
versions would be refused 'manual' activation; at the other extreme it
could be argued from the EULA that as long as the piece of hardware it
accompanied is still installed, then it is licensed. But that
interpretation would imply that if the item (say a hard disk) died, you
would have to get a new license.

It would be much better I think if OEM sales were confined to those
integrated in a new computer, and for all others to be 'retail' type
licenses.
 
Alex said:
There is I think a confusion between a system supplied OEM *and BIOS
linked*, which is the case you are thinking of, and one supplied
'with a hardware component', where it is activated in the normal way,
and where
the EULA is in some respects obscure. That is what Ken is referring
to.
You can certainly upgrade to a point; once it starts asking for phone
reactivation though I have no reported cases to go on. That will not
arise until the changes are enough for the system at boot to think not
substantially the same: see www.aumha.org/win5/a/wpa.htm on when that
happens. It might be that if this has been passed, one of these OEM
versions would be refused 'manual' activation; at the other extreme it
could be argued from the EULA that as long as the piece of hardware it
accompanied is still installed, then it is licensed. But that
interpretation would imply that if the item (say a hard disk) died,
you would have to get a new license.

It would be much better I think if OEM sales were confined to those
integrated in a new computer, and for all others to be 'retail' type
licenses.

Alex,
If you check the link below to correspondence from the Microsoft OEM System
Builder Licensing Team in regards to what is considered a new system. They
are pretty specific the mother board is not allowed and they also define the
OEM with hardware component.
<Begin quote>
The End User License Agreement (EULA) for OEM software, including Windows
XP, states that the software is licensed as a single integrated product in
connection with the hardware. However, it's important to remember that the
end user cannot see nor accept the electronic EULA until the software is
installed on a fully-assembled computer system. So, even though the
original OEM software unit may have been distributed with a component, like
a hard drive, it isn't until the software is installed on a fully-assembled
computer system that it becomes "married" to the hardware.

In general, OEM software may not be transferred from one system to another
system. However, the computer system can certainly be updated with new
components without the requirement of a new software license. The only
exception to this is the motherboard 1. If the motherboard is replaced 2,
the computer system is deemed "new" and a new license would be required.
Other PC components may be upgraded, including a hard drive. Though if the
hard drive 3 is replaced/upgraded, the operating system must first be
removed from the old hard drive. To restate: the operating system is
"married" to the computer system on which it is originally installed.

If you haven't already, please take a moment to review a comprehensive
group of OEM Licensing Questions and Answers which are specific to system
builders:
https://oem.microsoft.com/worldwide/514341.asp.
The link above is for registered OEM builders.

Thank you,
The Microsoft OEM System Builder Licensing Team

<end quote>

http://michaelstevenstech.com/oemeula.htm
--

Michael Stevens MS-MVP XP
(e-mail address removed)
http://michaelstevenstech.com
For a better newsgroup experience. Setup a newsreader.
http://michaelstevenstech.com/outlookexpressnewreader.htm
 
Michael said:
If you check the link below to correspondence from the Microsoft OEM System
Builder Licensing Team in regards to what is considered a new system. They
are pretty specific the mother board is not allowed and they also definethe
OEM with hardware component.
<Begin quote>
The End User License Agreement (EULA) for OEM software, including Windows
XP, states that the software is licensed as a single integrated product in
connection with the hardware. However, it's important to remember that the
end user cannot see nor accept the electronic EULA until the software is
installed on a fully-assembled computer system. So, even though the
original OEM software unit may have been distributed with a component, like
a hard drive, it isn't until the software is installed on a fully-assembled
computer system that it becomes "married" to the hardware.


This is a difficult area, in that MS have had these discussions and put
out this interpretation to the OEMS. But it does *not* match a logical
reading of the EULA that is actually presented to, and agreed by, the
end user. Mind you, a logical reading of that would not necessarily be
better for him. My view is that it would be much better if OEM versions
were restricted to complete machines (in the sense of being capable of
operating if provided with a monitor), and there were not this 'sold
with a hardware component', which is the item specifically identified in
the EULA. It is distinguished there from a Computer system in the first
para, and the license para specifies the 'computer' , or computer *With
which the hardware operates if that was a component*'. Just
'Operates' - which can only be taken to mean *currently operates* - not
*on which it was initially installed*. The EULA is sloppy. But that is
what the end user agrees to - not some discussion between OEM and MS of
which he is unaware.
 
Alex said:
This is a difficult area, in that MS have had these discussions and
put
out this interpretation to the OEMS. But it does *not* match a
logical reading of the EULA that is actually presented to, and agreed
by, the
end user. Mind you, a logical reading of that would not necessarily
be better for him. My view is that it would be much better if OEM
versions were restricted to complete machines (in the sense of being
capable of operating if provided with a monitor), and there were not
this 'sold
with a hardware component', which is the item specifically identified
in
the EULA. It is distinguished there from a Computer system in the
first para, and the license para specifies the 'computer' , or
computer *With which the hardware operates if that was a component*'.
Just 'Operates' - which can only be taken to mean *currently
operates* - not *on which it was initially installed*. The EULA is
sloppy. But that is what the end user agrees to - not some
discussion between OEM and MS of which he is unaware.

It is sloppy, and I am not trying to interrupt the EULA, I am only passing
on information to the consumer on what to expect if they make a MB change
and get a prompt to make a phone call activation. From the correspondence
and the link to the OEM system builders board, it seems pretty clear the
mother board is the only piece of hardware that flags a new system. I think
this information is important to the consumer when considering a purchase
between OEM and Retail versions.
http://communities.microsoft.com/ne...newsgroup=microsoft.communities.oem.licensing
 
Back
Top