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Old February 13th 05, 06:36 PM
Carl G
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Default OEM versus Upgrade

Hi Bruce
We are planning on buying the XP home CD from office max.it will not be oem
like compaq or HP. Just by reading i kinda got the idea there were 2
different kinds of OEM, one from oem builders and one from microsoft (office
max).
Is this corect. And yes i would be the builder.
Thanks again

--
Carl G
"Bruce Chambers" wrote in message
...
Carl G wrote:
Hi guys
If i buy a microsoft OEM version of XP Home ,can i transfer it from one
pc to another like i would be able to do with a upgrade copy.



No. OEM versions must be sold with a non-peripheral piece of hardware
(normally a motherboard or hard drive, if not an entire PC, although
Microsoft has greatly relaxed the hardware criteria for WinXP) and are
_permanently_ bound to the first PC on which they are installed. An OEM
license, once installed, is not legally transferable to another computer
under any circumstances. This is the main reason some people avoid OEM
versions; if the PC dies or is otherwise disposed of (even stolen), you
cannot legitimately re-use your OEM license on a new PC.


I want to install xp on my daughters pc now but in the near future she
wants to build a new pc.



Then you best option would be to use the WinXP Upgrade license. Keep in
mind, though, that in order to later use the Upgrade license on a new PC,
you'll need to have an older, qualifying OS license for the new PC, and
you'll need to remove the Upgrade license from the first PC on which you
install it. (If there's a few hours' "over-lap" while you're transferring
files/data from the old computer to the new one, it shouldn't be a big
deal. Your intent is correct.)


So can we transfer the oem copy to the new home built pc.She has home
built pc now,wants a bigger one.



Will you also be transferring any of the hardware components (something
more significant than a case screw or power cord) from the old PC to the
new PC? If so, your actions could possibly be construed as a hardware
upgrade, rather than as a "new computer." Additionally, you'll have
entered a grey area in the OEM EULA.

According to the EULA, an OEM license may not be transferred from one
distinct PC to another PC. However, this most emphatically does not
prohibit 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.

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

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