First, no offense was meant by the scumbag comment. My goal is solely to keep you from breaking the law. CLEARLY, Microsoft has done a poor job of informing its clients - although, the information is in your EULAs.
If I buy a an audio cd-rom or tape, etc, I can use it on more than one hi-fi. What you are saying is that I can only use the CD-ROM of the OEM copy of Windows to install the OS once? I'm not sure this is correct, but if it is, then the situation stinks. But I will find out from MS anyway.
The audio CD is totally different. While it is true, you can use it on more than one player, you cannot listen to it in your car and in your home at the same time - well, you can, but that's not normal listening. But with software, you can run it on two computers at once - and that's where the problem comes in. And I note with music, you cannot make a copy and give it a friend.
And again, you say the situation stinks - but that is not fair. You have choices - including perfectly legal free ones. You got a "single use" license at a discount. It is not fair to complain when you should have bought a multi-use license if transfer rights is what you wanted.
As far as getting the information from Microsoft, since this comes up a lot, I have researched it extensively.
Here is where you can find the correct EULA for OEM XP. Note in the OEM XP EULA it says (their ALL CAPS),
Software as a Component of the Computer - Transfer. THIS LICENSE MAY NOT BE SHARED,
TRANSFERRED TO OR USED CONCURRENTLY ON DIFFERENT COMPUTERS. The SOFTWARE is
licensed with the HARDWARE as a single integrated product and may only be used with the HARDWARE. If the
SOFTWARE is not accompanied by new HARDWARE, you may not use the SOFTWARE. You may permanently
transfer all of your rights under this EULA only as part of a permanent sale or transfer of the HARDWARE, provided
you retain no copies, if you transfer all of the SOFTWARE (including all component parts, the media and printed
materials, any upgrades, this EULA and the Certificate of Authenticity), and the recipient agrees to the terms of this
EULA. If the SOFTWARE is an upgrade, any transfer must also include all prior versions of the SOFTWARE.
See
Microsoft OEM Licensing FAQs. Note under Transfer of License the following Q and A.
Q. My customer bought a new PC and wants to move the OEM software from the old PC to the new one. Can't users do whatever they want with their software?
A. The OEM software is licensed with the computer system on which it was originally installed and is tied to that original machine. OEM licenses are single-use licenses that cannot be installed on more than one computer system, even if the original machine is no longer in use. The End User Software License Terms, which the end user must accept before using the software, states that the license may not be shared, transferred to, or used concurrently on different computers. System builders must provide end-user support for the Windows license on computers they build, but cannot support licenses on computers they didn’t build. This is a fundamental reason why OEM System Builder licenses can't be transferred.
Under System Builder Licensing section, note the 7th Q and A,
Q. Can a PC with an OEM Windows operating system have its motherboard upgraded and keep the same license? What if it was replaced because it was defective?
A. Generally, an end user can upgrade or replace all of the hardware components on a computer—except the motherboard—and still retain the license for the original Microsoft OEM operating system software. If the motherboard is upgraded or replaced for reasons other than a defect, then a new computer has been created. Microsoft OEM operating system software cannot be transferred to the new computer, 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 as long as the replacement motherboard is the same make/model or the same manufacturer's replacement/equivalent, as defined by the manufacturer's warranty.
The reason for this licensing rule primarily relates to the End User Software License Terms and the support of the software covered by that End User Software License Terms. The End User Software License Terms 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 that particular PC. The system builder is required to support the software on the original PC. Understanding that end users, over time, upgrade their PCs with different components, Microsoft needed to have one base component "left standing" that would still define the 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 did not manufacture this new PC, and therefore cannot be expected to support it.
Sign In
Create Account
