Will use of XP Pro OEM disk destroy all data on drives?

[Dennis Kahane]

Having decided to upgrade from XP Home to XP Pro, I
purchased XP Pro from ateck.com. I received an OEM disk
package marked "For distribution only with a new PC." I
suspect (but do not know for sure) that I cannot use this
disk without destroying all the applications and data I
have on my computer's drives. Is this true? or is there a
way to install the XP Pro OS from this disk without
reformatting my drives? Also, is this a legal installation
as mine is not a new PC? I wrote to ateck.com to ask to
return the disk, but was advised that it is non-
returnable, even though the package has not been opened.
Is the sale by ateck.com of an OEM disk, without anything
else (i.e. no hardware), acceptable under Microsoft's
rules? What can be done if it is not?
Thanks in advance for your response and help.

[Jupiter Jones [MVP]]

Dennis;
As far as I know, if they sold the CD with no hardware they are in
violation with their Microsoft agreement.
You could contact Microsoft to make a complaint:
http://www.microsoft.com/piracy/reporting/default.asp
I would contact the seller first.
Since it is OEM, Microsoft can not refund the money.

OEM are designed for a Clean Installation only and can not perform an
upgrade.
You will lose ALL data on the partition you install Windows XP.

--
Jupiter Jones [MVP]
An easier way to read newsgroup messages:
http://www.microsoft.com/windowsxp/pro/using/newsgroups/setup.asp
Please respond to newsgroup only for everyone's benefit.


"Dennis Kahane" > wrote in message
...
> Having decided to upgrade from XP Home to XP Pro, I
> purchased XP Pro from ateck.com. I received an OEM disk
> package marked "For distribution only with a new PC." I
> suspect (but do not know for sure) that I cannot use this
> disk without destroying all the applications and data I
> have on my computer's drives. Is this true? or is there a
> way to install the XP Pro OS from this disk without
> reformatting my drives? Also, is this a legal installation
> as mine is not a new PC? I wrote to ateck.com to ask to
> return the disk, but was advised that it is non-
> returnable, even though the package has not been opened.
> Is the sale by ateck.com of an OEM disk, without anything
> else (i.e. no hardware), acceptable under Microsoft's
> rules? What can be done if it is not?
> Thanks in advance for your response and help.

[D.Currie]

"Dennis Kahane" > wrote in message
...
> Having decided to upgrade from XP Home to XP Pro, I
> purchased XP Pro from ateck.com. I received an OEM disk
> package marked "For distribution only with a new PC." I
> suspect (but do not know for sure) that I cannot use this
> disk without destroying all the applications and data I
> have on my computer's drives. Is this true?

correct

or is there a
> way to install the XP Pro OS from this disk without
> reformatting my drives?

You could do a dual boot, but you still wouldn't ave access to the programs
until you reinstalled them.

Also, is this a legal installation
> as mine is not a new PC? I wrote to ateck.com to ask to
> return the disk, but was advised that it is non-
> returnable, even though the package has not been opened.
> Is the sale by ateck.com of an OEM disk, without anything
> else (i.e. no hardware), acceptable under Microsoft's
> rules?

It's against their agreement with MS, if they are in MSs reseller program.
If they bought from someone else and are not in the MS program, that may be
a gray area, as they haven't violated the agreement since they never made an
agreement. And if they bought full, sealed multi-packs, they person who sold
them them their stock didn't violate anything, either.

What can be done if it is not?

You could contact MS, but they certainly have bigger fish to fry. If it's a
legal copy and not pirated, I doubt they'll get too excited about it.

[Ron Martell]

"Dennis Kahane" > wrote:

>Having decided to upgrade from XP Home to XP Pro, I
>purchased XP Pro from ateck.com. I received an OEM disk
>package marked "For distribution only with a new PC." I
>suspect (but do not know for sure) that I cannot use this
>disk without destroying all the applications and data I
>have on my computer's drives. Is this true? or is there a
>way to install the XP Pro OS from this disk without
>reformatting my drives? Also, is this a legal installation
>as mine is not a new PC? I wrote to ateck.com to ask to
>return the disk, but was advised that it is non-
>returnable, even though the package has not been opened.
>Is the sale by ateck.com of an OEM disk, without anything
>else (i.e. no hardware), acceptable under Microsoft's
>rules? What can be done if it is not?
>Thanks in advance for your response and help.

Did they tell you in advance that this was an OEM version of Windows
XP that you were purchasing? If not then you may have some redress
available under consumer protection laws.

If you want to use the disk then your best option would be to use the
Files And Settings Transfer Wizard.

Run it first from within XP Home to save your data to a backup device,
another hard drive partition or a network drive.

Then reformat the hard drive and install your OEM XP Pro on the empty
drive. You will also have to reinstall all your application programs.
Then you can run the Files And Settings Transfer Wizard from within XP
Pro to import the saved information from your XP Home.


Also, what version is your XP Home? Is it also OEM? Or is it a
retail version that you purchased separately in a retail package?

If it is an OEM version then that license is effectively dead once you
replace it with XP Pro. The OEM license terms have that license
permanently locked to the first computer it was installed on. If it
was a retail version then it belongs to you and you can reinstall it
onto another computer that you own. You can also legitimately sell it
to someone else.


It may be worthwhile at this point to re-evaluate your reasons for
moving to XP Pro. If you actually require some of the advanced
networking or other items that are only available in XP Pro then you
probably have no choice but to make the move. But if that is not the
case then your newly purchased XP Pro OEM license is usable for other
purposes. You can install it onto another computer if you own one, and
you can sell it again to someone else because it has never been
installed onto a computer.

Good luck


Ron Martell Duncan B.C. Canada
--
Microsoft MVP
On-Line Help Computer Service
http://onlinehelp.bc.ca

"The reason computer chips are so small is computers don't eat much."