XP Pro OEM license

  • Thread starter Thread starter WWII
  • Start date Start date
Carey said:
Quoted from Microsoft's System Builder FAQ:
Click to expand...

LOL! Quote it in the EULA, canya? No, you can't because it isn't there.
That's what I agreed to when I installed my generic OEMs, not some web
site which is password protected that you so lamely quote!

You should be ashamed of yourself and apologize for misleading people.

Alias

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Carey Frisch said:
Quoted from Microsoft's System Builder FAQ:

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 for reasons other than a
defect, then a new computer has been created and the license of new
operating system software is required. If the motherboard is
replaced because it is defective, 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."

Ref: https://oem.microsoft.com/script/contentpage.aspx?PageID=553075

--
Click to expand...

As has already been pointed out, that language does not terminate the
end-users license to use. It terminates the OEM's obligation to provide
support.

carl
 
Carey said:
Read your OEM license agreement. The OEM
license is forever tied to the very first computer
it is activated on.
Click to expand...

While that is true nowhere in the OEM EULA is "the computer" defined as
"the brand and model of motherboard".

Steve N.
 
Windom said:
That's exactly my point. It's still the same computer!
The motherboard burns out. I have to purchase a
replacement because the original model isn't available
anymore. Should I have to purchase a new license
because I repaired my PC?
Click to expand...

No. You may have to phone activate and explain it, though.

Steve N.
 
No. You may have to phone activate and explain it, though.

Steve N.
Click to expand...

Hi Steve:

I would have no problem at all with speaking with a rep about
my situation. As long as there is a process in place to handle
situations like these, I don't object to the concept of activation.

To quote from Carey's own post earlier in this thread:

" If the motherboard is replaced because it is defective, you
do NOT need to acquire a new operating system license for
the PC."

I sincerely doubt that Microsoft would ever deny a person
activation under these circumstances. To do so would constitute
an unconscionable act against an honest, paying customer.
As Microsoft so succinctly points out in their activation FAQ, the
ONLY purpose of activation is to discourage piracy.

Take care and enjoy the day...

W
 
LOL! Quote it in the EULA, canya? No, you can't because it isn't there.
That's what I agreed to when I installed my generic OEMs, not some web
site which is password protected that you so lamely quote!

You should be ashamed of yourself and apologize for misleading people.

Alias
Click to expand...

So true. Carey must have a different EULA than the one I have on my
PC. It says nothing that would disallow an upgrade or repair of my
system, and also mentions nothing regarding my inital hardware hash
being permanently tied to my PC.

From >my< EULA:

"You may also need to reactivate the SOFTWARE if you modify your
computer hardware or alter the SOFTWARE."

Fine. I have no problem with that whatsoever.

From Carey's own post:

" If the motherboard is
replaced because it is defective, you do NOT need to acquire a new
operating system license for the PC."

Take care and enjoy the day...

W
 
WWII said:
I've got a home built system running with an OEM version of XP Pro. The
system is old and I would like to upgrade it - new MB and CPU. Can I do
this with an OEM XP system? When I called Microsoft they said you cannot
change an OEM system at all, yet when I read their activation guidelines it
appears that I can. Anyway I'm confused at this point. If anyone has any
experience with this I would like your advice.

Thanks.
Click to expand...


According to its EULA, an OEM license may not be transferred from
one distinct PC to another PC. Nothing is said about prohibiting one
from repairing or upgrading the PC on which an OEM license is installed.

Now, some people believe that the motherboard is the key component
that defines the "original computer," but the OEM EULA does not make any
such distinction. Others have said that one could successfully argue
that it's the PC's case that is the deciding component, as that is where
one is instructed to affix the OEM CoA label w/Product Key. Again, the
EULA does not specifically define any single component as the computer.
Licensed Microsoft Systems Builders, who are allowed to distribute OEM
licenses with computers they sell, are _contractually_ obligated to
"define" the computer as the motherboard, but this limitation/definition
can't be applied to the end user until the EULA is re-written.

Microsoft has, to date, been very careful _not_ publicly to define
when an incrementally upgraded computer ceases to be the original
computer. The closest I've ever seen a Microsoft employee come to this
definition (in a public forum) is to tell the person making the inquiry
to consult the PC's manufacturer. As the OEM license's support is
solely the responsibility of said manufacturer, they should determine
what sort of hardware changes to allow before the warranty and support
agreements are voided. To paraphrase: An incrementally upgraded
computer ceases to be the original computer, as pertains to the OEM
EULA, only when the *OEM* says it's a different computer. If you've
built the system yourself, and used a generic OEM CD, then _you_ are the
"OEM," and _you_ get to decide when you'll no longer support your product.



--

Bruce Chambers

Help us help you:



They that can give up essential liberty to obtain a little temporary
safety deserve neither liberty nor safety. -Benjamin Franklin

Is life so dear or peace so sweet as to be purchased at the price of
chains and slavery? .... I know not what course others may take, but as
for me, give me liberty, or give me death! -Patrick Henry
 
You have failed to mention if you have a generic Microsoft
OEM version of Windows XP or a customized version of
Windows XP which was preinstalled by a major computer
manufacturer. Exactly, which version are you referring to?

--
Carey Frisch
Microsoft MVP
Windows Shell/User

----------------------------------------------------------------------------------------------------

:

| There is nothing in my EULA regarding motherboard
| replacement. Correct me if I'm wrong here, but I thought
| the whole idea behind activation was to prevent piracy,
| not to prevent users from repairing or upgrading
| their systems. I'm not a software pirate, I don't pass software
| around, and I use my OEM license on a single PC only.
| Why should Microsoft care if I replace the motherboard?
| I'm the system builder OEM and to me it's still the
| original PC. Does that make me a pirate?
|
| Yes, yes.. I know that the hardware hash is going to
| be different. If Microsoft doesn't have a system in
| place to handle these types of special situations,
| then the concept of activation is tragically flawed.
|
| W
 
Bruce said:
According to its EULA, an OEM license may not be transferred from
one distinct PC to another PC. Nothing is said about prohibiting one
from repairing or upgrading the PC on which an OEM license is
installed.
Now, some people believe that the motherboard is the key component
that defines the "original computer," but the OEM EULA does not make
any such distinction. Others have said that one could successfully
argue that it's the PC's case that is the deciding component, as that
is where one is instructed to affix the OEM CoA label w/Product Key.
Again, the EULA does not specifically define any single component as
the computer. Licensed Microsoft Systems Builders, who are allowed
to distribute OEM licenses with computers they sell, are
_contractually_ obligated to "define" the computer as the
motherboard, but this limitation/definition can't be applied to the
end user until the EULA is re-written.
Click to expand...

All the THOUSANDS and THOUSANDS and THOUSANDS of posts on this subject would
all have been completely unnecessary if the ridiculous and ludicrous
distinction between "OEM" and "Retal" was abandonded. Why should the fact
that MS gives support for "Retal" copies and the OEMs give support for "OEM"
versions have ANY bearing on what the purchaser does with his copy? As long
as it's only installed on ONE machine WHAT THE HELL DOES IT MATTER?
 
Gordon said:
All the THOUSANDS and THOUSANDS and THOUSANDS of posts on this
subject would all have been completely unnecessary if the ridiculous
and ludicrous distinction between "OEM" and "Retal" was abandonded.
Why should the fact that MS gives support for "Retal" copies and the
OEMs give support for "OEM" versions have ANY bearing on what the
purchaser does with his copy? As long as it's only installed on ONE
machine WHAT THE HELL DOES IT MATTER?
Click to expand...


I don't think you'd find many people to disagree with that point of view. I
know I wouldn't.
 
Gordon said:
All the THOUSANDS and THOUSANDS and THOUSANDS of posts on this subject
would all have been completely unnecessary if the ridiculous and ludicrous
distinction between "OEM" and "Retal" was abandonded. Why should the fact
that MS gives support for "Retal" copies and the OEMs give support for
"OEM" versions have ANY bearing on what the purchaser does with his copy?
As long as it's only installed on ONE machine WHAT THE HELL DOES IT
MATTER?
Click to expand...

In practice, whether a license is OEM or Retail has no bearing on what
purchasers do with copies of Windows. However, the distinction must
continue to exist for legal purposes. How many people post here looking for
Microsoft to replace their bad/lost Windows media that came (or not) with
their Dell computer? Without that clear delineation of responsibilities, it
wouldn't be long before a bunch of lawyers got together and sued Microsoft
on behalf of all the poor, down-trodden OEM computer owners who didn't
receive proper support for the Operating System.

carl
 
You have failed to mention if you have a generic Microsoft
OEM version of Windows XP or a customized version of
Windows XP which was preinstalled by a major computer
manufacturer. Exactly, which version are you referring to?
Click to expand...

Hello Carey:

It's a generic OEM version that I purchased with qualifying
hardware that I used to build my new system.

Take care and enjoy the day..

W
 
As long
as it's only installed on ONE machine WHAT THE HELL DOES IT MATTER?
Click to expand...

Succinctly put. You've certainly got my vote. Now if we could just
get the rest of the world to listen....

W
 
Vagabond said:
As has already been pointed out, that language does not terminate the
end-users license to use. It terminates the OEM's obligation to provide
support.

carl
Click to expand...

Carey? Any comment?

Alias

Use the Reply to Sender feature of your news reader program to email me.
Utiliza Responder al Remitente para mandarme un mail.
 
Bruce said:
According to its EULA, an OEM license may not be transferred from
one distinct PC to another PC. Nothing is said about prohibiting one
from repairing or upgrading the PC on which an OEM license is installed.

Now, some people believe that the motherboard is the key component
that defines the "original computer," but the OEM EULA does not make any
such distinction. Others have said that one could successfully argue
that it's the PC's case that is the deciding component, as that is where
one is instructed to affix the OEM CoA label w/Product Key. Again, the
EULA does not specifically define any single component as the computer.
Licensed Microsoft Systems Builders, who are allowed to distribute OEM
licenses with computers they sell, are _contractually_ obligated to
"define" the computer as the motherboard, but this limitation/definition
can't be applied to the end user until the EULA is re-written.

Microsoft has, to date, been very careful _not_ publicly to define
when an incrementally upgraded computer ceases to be the original
computer. The closest I've ever seen a Microsoft employee come to this
definition (in a public forum) is to tell the person making the inquiry
to consult the PC's manufacturer. As the OEM license's support is
solely the responsibility of said manufacturer, they should determine
what sort of hardware changes to allow before the warranty and support
agreements are voided. To paraphrase: An incrementally upgraded
computer ceases to be the original computer, as pertains to the OEM
EULA, only when the *OEM* says it's a different computer. If you've
built the system yourself, and used a generic OEM CD, then _you_ are the
"OEM," and _you_ get to decide when you'll no longer support your product.
Click to expand...

I completely agree Bruce. Thanks for putting it so well.

Steve N.
 
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