Leythos said:
You only wish - as usual you only see part of the text - it fully says
that you MUST COMPLY WITH THE SYSTEMS BUILDERS LICENSE - Guess what
the Systems Builder Site states about OEM software and Motherboard?
Oh, that's right, you won't visit the site because you have to
REGISTER and you don't want to be proven wrong, so you claim that you
won't register for some half-baked reason.
It's right in the type Alias - you just have to read it. They even
provide the link to the start of the SB website in their web-page!
MICROSOFT OEM SYSTEM BUILDER LICENSE
(Visit
www.microsoft.com/oem for additional OEM system builder
information)
1. AUTHORIZED DISTRIBUTION AND ACCEPTANCE. Distribution of individual
software licenses or hardware units contained in this Microsoft System
Builder Pack ("package") is not authorized unless you accept this
license. You accept this license when you open this package. By
accepting this license, you agree that you are a system builder. "System
builder" means an original equipment manufacturer, or an assembler,
reassembler, or installer of software on computer systems. If you choose
not to accept this license, promptly return the unopened package to your
distributor. Individual software licenses or hardware units cannot be
returned after this package is opened.
2. PARTIES. This license is granted to you by Microsoft Licensing, GP
("MLGP"), a Nevada corporation, unless you are located in Europe,
Africa, or the Middle East (for a complete list of countries, consult
www.microsoft.com/oem/sblicense), in which case this license is granted
by Microsoft Ireland Operations Limited. ("MIOL"), an Irish company. The
terms "we," "our," or "Microsoft" are used below to mean either MLGP or
MIOL, as appropriate.
3. LIMITED LICENSE. This is a limited license to distribute the
individual software licenses or hardware units contained in this
package. "Individual software license" means any individual software
license that comes in this package, including software media,
documentation, certifi cates of authenticity, end-user license
agreements, and security devices. "Hardware unit" means any hardware
that comes in this package, including any hardwarerelated software and
user documentation.
4. SOFTWARE DISTRIBUTION.
4.1 If the individual software license is a desktop operating system
(including Windows XP Media Center Edition), we grant you a nonexclusive
right to distribute individual software licenses; provided that each one
is distributed with either (a) a fully assembled computer system or (b)
a nonperipheral computer hardware component. A "fully assembled computer
system" means a computer system consisting of at least a central
processing unit, a motherboard, a hard drive, a power supply, and a
case. A "nonperipheral computer hardware component" means a component
that will be an integral part of the fully assembled computer system on
which the individual software license will be installed.
4.2 If the individual software license is application or server
software, we grant you a nonexclusive right to distribute individual
software licenses; provided that each one is distributed with a fully
assembled computer system.
4.3 Each individual software license must be distributed pursuant to the
end-user license agreement ("EULA") that accompanies the individual
software license. Under the terms of the EULA, you are the licensor.
5. HARDWARE DISTRIBUTION. If this package contains hardware units, we
grant you a nonexclusive right to distribute each hardware unit only
with either (a) a fully assembled computer system or (b) other
non-Microsoft computer hardware component. If you distribute a hardware
unit with a fully assembled computer system, you must preinstall the
associated software drivers and programs supplied in this package, if
any, on the fully assembled computer system's hard drive. Neither
Microsoft, its affi liates, nor its distributors or suppliers makes any
warranty regarding compliance of the hardware units with any federal,
state, provincial, or local laws or regulations, or the laws or
regulations of any non-U.S. jurisdiction, relating to computing devices
or items sold to the public. You have the sole responsibility to
assemble, test, and certify the hardware units in conjunction with other
equipment that you manufacture, distribute, or sell.
6. DISTRIBUTION OTHER THAN WITH A FULLY ASSEMBLED COMPUTER SYSTEM. We
grant you a nonexclusive right to distribute individual software
licenses for desktop operating systems or hardware units to another
system builder if the software and hardware are distributed with a
nonperipheral computer hardware component; provided that the other
system builder accepts this license. A copy of this license is posted at
www.microsoft.com/oem/sblicense to facilitate its acceptance by the
other system builder. You are required to keep records of any
distributions pursuant to this section to show that its requirements
were met.
7. PREINSTALLATION REQUIREMENT. If you distribute a desktop operating
system with a fully assembled computer system, you must (a) preinstall
it on the computer system's hard drive and (b) use the OEM
Preinstallation Kit ("OPK") provided in this package, if any.
Preinstallation is limited to one copy of each individual software
license. You may not copy or modify the OPK or OPK instructions provided
in this package, if any. You may not distribute the OPK or OPK
instructions to an end user. For updates regarding OEM preinstallation
tools and support, see
www.microsoft.com/oem. If you distribute a
hardware unit with a fully assembled computer system, you must
preinstall the associated software drivers and programs supplied in this
package, if any, on the fully assembled computer system's hard drive.
8. CERTIFICATE OF AUTHENTICITY (COA) LABEL/PROOF OF LICENSE (POL) LABEL.
If the individual software license includes a COA or combination COA/POL
label, the system builder who installs the individual software license
must attach the COA or combination COA/POL label, as applicable, to the
outside of the fully assembled computer system case in an easily
accessible location.
9. END-USER SUPPORT. The system builder who installs the individual
software license and distributes hardware units must provide end-user
support on terms at least as favorable as the terms under which the
system builder provides end-user support for any fully assembled
computer system. The system builder must place its support phone number
in a noticeable location in the fully assembled computer system help
files or end-user documentation.
10. DISCLAIMER OF ALL WARRANTIES. Unless mandatory under applicable law
despite this provision, Microsoft, its affi liates, and their
distributors (and their suppliers) disclaim and exclude all warranties,
conditions, and representations (express or implied, by statute or
otherwise) in relation to the individual software licenses and hardware
units, including, without limitation, warranties and conditions of
title, merchantability, satisfactory quality, noninfringement, fitness
for a particular purpose, or any implied warranty or condition arising
from course of dealing or usage of trade.
11. LIMITATION OF LIABILITY. You agree that Microsoft, its affi liates,
and their distributors (and their suppliers) will not be liable for any
damages (including any caused by negligence) related to this license or
any transaction contemplated herein, including for any consequential,
incidental, indirect, economic, or punitive damages even if Microsoft,
its affi liates, distributors (or their suppliers) have been advised of
the possibility of such damages. You acknowledge and agree that this
limitation of liability shall apply even if any remedies fail of their
essential purpose. Your and our total liability for direct damages
related to this license or any transaction contemplated herein will be
limited to 100% of the amount actually paid by you for this package.
12. TRADEMARK RIGHTS. You agree to comply with all trademark guidelines
found at
www.microsoft.com/mscorp/ip/trademarks/oemguide.asp.
13. EXPORT RESTRICTIONS. You acknowledge that the individual software
licenses and hardware units are subject to U.S. export jurisdiction. You
agree to comply with all applicable international and national laws that
apply to the individual software licenses and hardware units, including
the U.S. Export Administration Regulations, as well as end-user,
end-use, and destination restrictions issued by the U.S. and other
governments. For additional information, see
www.microsoft.com/exporting.
14. LICENSE COMPLIANCE. You must not engage or participate with any
third party in the unauthorized manufacture, duplication, delivery,
transfer, or use of counterfeit, pirated, or illegal software and you
must not otherwise infringe any of our other intellectual property
rights.
15. ACTIVATION. Under the terms of the EULA, use of the individual
software license will be limited to the first (a) 30 days after the end
user launches Microsoft Windows XP or Windows Server 2003 software or
(b) 50 times the end user launches Microsoft Offi ce software; unless
either (i) the system builder activates the software in the manner
described in its setup sequence or (ii) the end user activates the
software in the manner described during its launch. You must provide the
following or substantially similar notice in a clear and conspicuous
manner to end users before their purchase of the software (for example,
in advertisements, packaging, or point of purchase materials): Certain
Microsoft® software product(s) included with this computer may use
technological measures for copy protection. In such event, you will not
be able to use the product if you do not fully comply with the product
activation procedures. Product activation procedures and Microsoft's
privacy policy will be detailed during initial launch of the product, or
upon certain reinstallations of the software product(s) or reconfi
gurations of this computer, and may be completed by Internet or
telephone (toll charges may apply).
16. MISCELLANEOUS.
16.1 You must not advertise, provide a separate price for, or otherwise
market or distribute individual software licenses, or any part of them,
as separate items from the fully assembled computer system or
nonperipheral computer component, as applicable; except to the extent
necessary to advertise, set a price or fee, or otherwise market or
distribute Microsoft software that you are expressly authorized by
Microsoft to market or distribute as separate items from the fully
assembled computer system or nonperipheral computer component, as
applicable. Except as granted in this license, you may not use, run,
distribute, copy, modify, display, repackage, or reassemble any
individual software licenses or hardware units, or any part of them.
16.2 You are solely responsible for all applicable taxes, fees, duties,
and tariffs that may be levied in connection with this license and the
ordering and distributing of software and hardware under this license.
16.3 You may not reverse engineer, decompile, or disassemble any
individual software license or hardware unit except and only to the
extent that it is expressly permitted by applicable law notwithstanding
this provision. All rights not expressly granted are reserved.
16.4 If a court holds any provision of this license to be illegal,
invalid, or unenforceable, the remaining provisions will remain in full
force and effect and the parties will amend the agreement to give effect
to the stricken clause to the maximum extent possible.
16.5 If the contracting party to this license is MLGP, the laws of the
State of Washington, U.S.A. govern this license. If the contracting
party to this license is MIOL, the laws of Ireland govern this license.
16.6 Nothing in this license restricts you from supporting, promoting,
distributing, or using non-Microsoft software or hardware.
16.7 Microsoft may assign this license at any time to an affi liated
company.
16.8 This license does not create a "technology transfer" agreement, as
defi ned by applicable law because (a) the technology (including any
software) made available under this license is not an integrated part of
a technology chain for production or management purposes and (b) the
technology (including any software) will have its own technology
license. You will not hold yourself out as our technology recipient and
will not attempt to identify us as a technology provider under this
license.
So you can see that even the System Builders License [SBL] doesn't
mention that the motherboard can't be changed. MS uses post-SBL and
post-EULA policies to spread that nonsense that the motherboard can't be
upgraded.
The ONLY mention of the "motherboard" in the SBL is that it is a PART of
a "fully assembled computer." There is not mention of the "motherboard"
in the EULA at all!
SBL- 4.1 "If the individual software license is a desktop operating
system (including Windows XP Media Center Edition), we grant you a
nonexclusive right to distribute individual software licenses; provided
that each one is distributed with either (a) a fully assembled computer
system or (b) a nonperipheral computer hardware component. A 'fully
assembled computer system' means a computer system consisting of at
least a central processing unit, a motherboard, a hard drive, a power
supply, and a case. A 'nonperipheral computer hardware component' means
a component that will be an integral part of the fully assembled
computer system on which the individual software license will be
installed."
"Each individual software license must be distributed pursuant to the
end-user license agreement ('EULA') that accompanies the individual
software license. Under the terms of the EULA, you are the licensor."
Under the terms of the SBL, the system builder is the licensor of OEM XP
to the End User, so if I'm the System Builder of my own computer, I am
both the licensor and the licensee of my OEM software, and as such, I am
always following MY interpretation of the the EULA. And my post-EULA
policies are that my End Users may upgrade their motherboard at any time
they want to!
--
Peace!
Kurt
Self-anointed Moderator
microscum.pubic.windowsexp.gonorrhea
http://microscum.com/mscommunity
"Trustworthy Computing" is only another example of an Oxymoron!
"Produkt-Aktivierung macht frei"