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
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