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#1
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OEM software
Hi
I posted this question not long ago, but I can't seem to see it anywhere. So, I'd like to post it again here. Regarding OEM software offering out there on the net (such as at http://www.allthesoft.org), are these software ligit ? Thanks Steve |
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#2
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OEM software
On Thu, 28 Oct 2004 16:48:05 -1000, "SN"
wrote: Hi I posted this question not long ago, but I can't seem to see it anywhere. So, I'd like to post it again here. Regarding OEM software offering out there on the net (such as at http://www.allthesoft.org), are these software ligit ? Thanks Steve With prices that ridiculously low, I would think they are not legitimate. Even if you do get the software at that price from them (assuming they would honor your purchase and not just steal your money or misuse your credit card numbers) there's a good chance you would not be able to activate it. Don't chance it. |
#3
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OEM software
"SN" wrote in message
... Regarding OEM software offering out there on the net (such as at http://www.allthesoft.org), are these software ligit ? Some might be. Others aren't. Some are just reselling Dell specific ones to people who don't have Dell. Or just copies with the same cd key. And so on. The legit ones will also give you a piece of hardware, to satisify Microsoft's licensing terms. This could be a floppy cable, a sound card cable, some small, cheap piece of junk they have plenty of. However, considering the problems with activation you might have later on, if you change your mobo, you might want to consider the retail version instead. True, OEM's are far more tolerant of hardware changes, since they do only the bios, but if that changes, Microsoft doesn't necessarily have to let you re-activate. They might, but if the representative is having a bad day, they can say no, and tell you to buy a new copy. There are no guarantees. Although Microsoft gives massive discounts to the major sellers, such as Dell, etc., the regular OEM customers tend to pay a lot more. Even under the best of conditions, I wouldn't expect legit OEM copies to be less than about 75% the cost of a discount store / web site retail upgrade version. ----== Posted via Newsfeeds.Com - Unlimited-Uncensored-Secure Usenet News==---- http://www.newsfeeds.com The #1 Newsgroup Service in the World! 100,000 Newsgroups ---= East/West-Coast Server Farms - Total Privacy via Encryption =--- |
#4
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OEM software
They are legit in that they work, but legally speaking they can only be supplied/installed by approved resellers and they are also permanently 'attached' to the system on which they're installed - you cannot, theoretically, just swap them to a new machine. -- tallyman ------------------------------------------------------------------------ Posted via http://www.mcse.ms ------------------------------------------------------------------------ View this thread: http://www.mcse.ms/message1189565.html |
#5
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OEM software
Thanks for the tip.
Steve "tallyman" wrote in message ... They are legit in that they work, but legally speaking they can only be supplied/installed by approved resellers and they are also permanently 'attached' to the system on which they're installed - you cannot, theoretically, just swap them to a new machine. -- tallyman ------------------------------------------------------------------------ Posted via http://www.mcse.ms ------------------------------------------------------------------------ View this thread: http://www.mcse.ms/message1189565.html |
#6
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OEM software
Anybody can buy a Microsoft OEM software if they build their
own computer. Companies sell genuine MS CDs include www.newegg.com [where I bought my mobo, CPU, a floppy drive and W XP Pro and Office XP Pro student]. And yes, it is tied to the computer, but so what, my next computer will probably be a socket 775 and use Longhorne. This one will be upgraded to a P4 478 soon [2.6 GHz/533512 L2] from a 1.7 Celeron [400] "Steve" wrote in message ... | Thanks for the tip. | Steve | | "tallyman" wrote in message | ... | | They are legit in that they work, but legally speaking they can only be | supplied/installed by approved resellers and they are also permanently | 'attached' to the system on which they're installed - you cannot, | theoretically, just swap them to a new machine. | | | | -- | tallyman | ------------------------------------------------------------------------ | Posted via http://www.mcse.ms | ------------------------------------------------------------------------ | View this thread: http://www.mcse.ms/message1189565.html | | | |
#7
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OEM software
"Jim Macklin" wrote
Anybody can buy a Microsoft OEM software if they build their own computer. Companies sell genuine MS CDs include www.newegg.com [where I bought my mobo, CPU, a floppy drive and W XP Pro and Office XP Pro student]. And the really neat thing about it is that YOU get to decide when the computer isn't "original" any more... ;-) -- Bob Kanyak's Doghouse http://www.kanyak.com |
#8
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OEM software
True, true. As long as there is one piece of the original
computer (the 80 GB hard drive or maybe the floppy drive) it is just a repair. Really, I chose the Intel D845GBVL mobo because it has 6 PCI and one AGP slot and will support all the socket 478 CPUs. -- The people think the Constitution protects their rights; But government sees it as an obstacle to be overcome. "Opinicus" wrote in message ... | "Jim Macklin" wrote | | Anybody can buy a Microsoft OEM software if they build | their | own computer. Companies sell genuine MS CDs include | www.newegg.com [where I bought my mobo, CPU, a floppy | drive | and W XP Pro and Office XP Pro student]. | | And the really neat thing about it is that YOU get to decide | when the computer isn't "original" any more... ;-) | | -- | Bob | Kanyak's Doghouse | http://www.kanyak.com | |
#9
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OEM software
Thanks for your comments.
Ok, so as you're saying, the main legal catch here is..., only if you built your own PC, you may buy OEM software. I checked out the price at newegg.com, and WinXP Pro is $146, OEM price ($82 academic); whereas, it is only $50 at http://merge.genuineoem.biz/ (or any other sites for that matter). Is the difference about right? On the other hand, for large companies (end-users) who don't built their own PCs, they are pretty much stuck with MS (non-OEM) licensing offers, right ? Steve "Jim Macklin" wrote in message ... Anybody can buy a Microsoft OEM software if they build their own computer. Companies sell genuine MS CDs include www.newegg.com [where I bought my mobo, CPU, a floppy drive and W XP Pro and Office XP Pro student]. And yes, it is tied to the computer, but so what, my next computer will probably be a socket 775 and use Longhorne. This one will be upgraded to a P4 478 soon [2.6 GHz/533512 L2] from a 1.7 Celeron [400] "Steve" wrote in message ... | Thanks for the tip. | Steve | | "tallyman" wrote in message | ... | | They are legit in that they work, but legally speaking they can only be | supplied/installed by approved resellers and they are also permanently | 'attached' to the system on which they're installed - you cannot, | theoretically, just swap them to a new machine. | | | | -- | tallyman | ------------------------------------------------------------------------ | Posted via http://www.mcse.ms | ------------------------------------------------------------------------ | View this thread: http://www.mcse.ms/message1189565.html | | | |
#10
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OEM software
Not really, I have an older HP 6465 433 Celeron running HP
OEM W98. It has always had instability and rather than but a retail XP Upgrade, I plan to buy an OEM XP Home and install it on a formatted C: drive (one of several partitions on the drive). Might even buy a new, bigger hard drive. The last time it crashed and required that I use that horrible HP image restore CD, I experimented and formatted C: and install my copy of XP Pro OEM as a test. The compatibility tests had said that it "should" work but an hours test said it did. All the data files are on other partitions so nothing was lost. I did not go on-line or activate XP and I removed it after running it for one hour. I will be nice to have a stable OS on that computer, the HP build of W98 with all the HP crap has never been stable. We sometimes had 5 BSOD a day. I did find a program that installed missing files and after I learned to remove all the unwanted HP crap (Disney Blast, RealPlayer (hard to remove), and the old McAfee 3, before installing the W98se update from my CD and then reinstalling the hardware and applications (Office 97 Pro) is fairly stable, it only crashes sometimes, often during shutdown. I have installed the shutdown patch, but still some programs tend to hang on shutdown. Also, the last several Zone Alarm versions have a problem on the W98se machine, it turns the ZA engine off. The earlier versions of ZA run OK on the machine and the latest versions run great on this W XP machine. -- The people think the Constitution protects their rights; But government sees it as an obstacle to be overcome. "Steve" wrote in message ... | Thanks for your comments. | | Ok, so as you're saying, the main legal catch here is..., only if you built | your own PC, you may buy OEM software. | | I checked out the price at newegg.com, and WinXP Pro is $146, OEM price ($82 | academic); whereas, it is only $50 at http://merge.genuineoem.biz/ (or any | other sites for that matter). Is the difference about right? | | On the other hand, for large companies (end-users) who don't built their own | PCs, they are pretty much stuck with MS (non-OEM) licensing offers, right ? | | Steve | | "Jim Macklin" wrote in message | ... | Anybody can buy a Microsoft OEM software if they build their | own computer. Companies sell genuine MS CDs include | www.newegg.com [where I bought my mobo, CPU, a floppy drive | and W XP Pro and Office XP Pro student]. | | And yes, it is tied to the computer, but so what, my next | computer will probably be a socket 775 and use Longhorne. | This one will be upgraded to a P4 478 soon [2.6 GHz/533512 | L2] from a 1.7 Celeron [400] | | | "Steve" wrote in message | ... | | Thanks for the tip. | | Steve | | | | "tallyman" wrote in message | | ... | | | | They are legit in that they work, but legally speaking | they can only be | | supplied/installed by approved resellers and they are | also permanently | | 'attached' to the system on which they're installed - | you cannot, | | theoretically, just swap them to a new machine. | | | | | | | | -- | | tallyman | | | | ------------------------------------------------------------------------ | | Posted via http://www.mcse.ms | | | | ------------------------------------------------------------------------ | | View this thread: http://www.mcse.ms/message1189565.html | | | | | | | | | | |
#11
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OEM software
"Steve" wrote in
: Thanks for your comments. Ok, so as you're saying, the main legal catch here is..., only if you built your own PC, you may buy OEM software. No. You may buy OEM software for any computer. The software must be accompanied by a piece of hardware such as a motherboard, harddrive or something as cheap as a powercable, I understand the current rule allows any hardware. Once installed the software is bound legally to that computer but you may repair or upgrade that computer. A repair might include a new harddrive, and upgrade might be a faster CPU, etc. You are the one who has to decide. Read the EULA and make your own decision on what's allowed and what isn't. |
#12
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OEM software
That's interesting. If the rule goes as far as the power cable, then
perhaps everyone should be taking advantage of it instead of spending big bucks at the retail stores, right? Is the EULA available online somewhere ? Steve "XS11E" wrote in message .. . "Steve" wrote in : Thanks for your comments. Ok, so as you're saying, the main legal catch here is..., only if you built your own PC, you may buy OEM software. No. You may buy OEM software for any computer. The software must be accompanied by a piece of hardware such as a motherboard, harddrive or something as cheap as a powercable, I understand the current rule allows any hardware. Once installed the software is bound legally to that computer but you may repair or upgrade that computer. A repair might include a new harddrive, and upgrade might be a faster CPU, etc. You are the one who has to decide. Read the EULA and make your own decision on what's allowed and what isn't. |
#13
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OEM software
Newer version may be out, this was early version of the OEM
EULA. ************* Microsoft(r) Windows(r) XP Professional END-USER LICENSE AGREEMENT IMPORTANT-READ CAREFULLY: This End-User License Agreement ("EULA") is a legal agreement between you (either an individual or a single legal entity) and the manufacturer ("Manufacturer") of the computer system or computer system component ("HARDWARE") with which you acquired the Microsoft software product(s) identified above ("SOFTWARE"). The SOFTWARE includes Microsoft computer software, and may include associated media, printed materials, "online," or electronic documentation and Internet based services. Note, however, that any software, documentation, or web services that are included in the SOFTWARE, or accessible via the SOFTWARE, and are accompanied by their own license agreements or terms of use are governed by such agreements rather than this EULA. The terms of a printed, paper EULA, which may accompany the SOFTWARE, supersede the terms of any on-screen EULA. This EULA is valid and grants the end -user rights ONLY if the SOFTWARE is genuine and a genuine Certificate of Authenticity for the SOFTWARE is included. For more information on identifying whether your software is genuine, please see http://www.microsoft.com/piracy/howtotell. By installing, copying, downloading, accessing or otherwise using the SOFTWARE, you agree to be bound by the terms of this EULA. If you do not agree to the terms of this EULA, you may not use or copy the SOFTWARE, and you should promptly contact Manufacturer for instructions on return of the unused product(s) in accordance with Manufacturer's return policies. SOFTWARE PRODUCT LICENSE The term "COMPUTER" as used herein shall mean the HARDWARE, if the HARDWARE is a single computer system, or shall mean the computer system with which the HARDWARE operates, if the HARDWARE is a computer system component. 1. GRANT OF LICENSE. Manufacturer grants you the following rights, provided you comply with all of the terms and conditions of this EULA: * Installation and Use. Except as otherwise expressly provided in this EULA, you may install, use, access, display and run only one (1) copy of the SOFTWARE on the COMPUTER. The SOFTWARE may not be used by more than two (2) processors at any one time on the COMPUTER, unless a higher number is indicated on the Certificate of Authenticity. You may permit a maximum of ten (10) ("Connection Maximum") computers or other electronic devices (each a "Device") to connect to the COMPUTER to utilize the services of the SOFTWARE solely for File and Print services, Internet Information services, and remote access (including connection sharing and telephony services). The ten (10) Connection Maximum includes any indirect connections made through "multiplexing" or other software or hardware which pools or aggregates connections. Except as otherwise permitted below, you may not use the Device to use, access, display or run the SOFTWARE, the SOFTWARE's User Interface or other executable software residing on the COMPUTER. * 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. * Mandatory Activation. THIS SOFTWARE CONTAINS TECHNOLOGICAL MEASURES THAT ARE DESIGNED TO PREVENT UNLICENSED OR ILLEGAL USE OF THE SOFTWARE. The license rights granted under this EULA are limited to the first thirty (30) days after you first run the SOFTWARE unless you supply information required to activate your licensed copy in the manner described during the setup sequence (unless Manufacturer has activated for you). You can activate the SOFTWARE through the use of the Internet or telephone; toll charges may apply. You may also need to reactivate the SOFTWARE if you modify your HARDWARE or alter the SOFTWARE. * Security Updates. Content providers are using the digital rights management technology ("Microsoft DRM") contained in this SOFTWARE to protect the integrity of their content ("Secure Content") so that their intellectual property, including copyright, in such content is not misappropriated. Owners of such Secure Content ("Secure Content Owners") may, from time to time, request MS, Microsoft Corporation or their subsidiaries to provide security related updates to the Microsoft DRM components of the SOFTWARE ("Security Updates") that may affect your ability to copy, display and/or play Secure Content through Microsoft software or third party applications that utilize Microsoft DRM. YOU THEREFORE AGREE THAT, IF YOU ELECT TO DOWNLOAD A LICENSE FROM THE INTERNET WHICH ENABLES YOUR USE OF SECURE CONTENT, MS, MICROSOFT CORPORATION OR THEIR SUBSIDIARIES MAY, IN CONJUNCTION WITH SUCH LICENSE, ALSO DOWNLOAD ONTO YOUR COMPUTER SUCH SECURITY UPDATES THAT A SECURE CONTENT OWNER HAS REQUESTED THAT MS, MICROSOFT CORPORATION OR THEIR SUBSIDIARIES DISTRIBUTE. MS, Microsoft Corporation or their subsidiaries will not retrieve any personally identifiable information, or any other information, from your COMPUTER by downloading such Security Updates. * Back-up Copy. IF MANUFACTURER HAS NOT INCLUDED A BACK-UP COPY OF THE SOFTWARE WITH THE COMPUTER ON PHYSICAL MEDIA (e.g. CD OR PARTITIONED HARD DRIVE), YOU MAY MAKE A SINGLE BACK-UP COPY OF THE SOFTWARE. You may use the back-up copy solely for your archival purposes and to reinstall the SOFTWARE on the COMPUTER. Except as expressly provided in this EULA or by local law, you may not otherwise make copies of the SOFTWARE, including the printed materials accompanying the SOFTWARE. You may not loan, rent, lease, lend or otherwise transfer the CD or back-up copy to another user. * Use of Previous Version Of Software. In lieu of installing and using Microsoft Windows XP Professional SOFTWARE, you may install, use, access, display and run ONE of the following versions: Microsoft Windows 2000 Professional, Microsoft Windows NT Workstation version 4.0 or Microsoft Windows 98 (Second Edition) ("Downgrade Software") on the COMPUTER, provided (1) you agree that Downgrade Software support will NOT be provided hereunder by Manufacturer, MS or Microsoft Corporation, their affiliates or subsidiaries: (2) you agree that neither Manufacturer, MS nor Microsoft Corporation will provide you with the Downgrade Software or media; (3) you may not loan, rent, lease, lend or otherwise transfer the CD or back-up copy of Microsoft Windows XP Professional to another end user, except as otherwise provided in the transfer provisions of this EULA; and (4) such Downgrade Software shall be deemed "SOFTWARE" for the purposes of this EULA and use of the Downgrade Software shall be in compliance with all the terms of this EULA, except that, with respect to Microsoft Windows 98 (Second Edition), your Connection Maximum shall be limited to five (5) Devices. * Reservation of Rights. Manufacturer, Microsoft Licensing, Inc. ("MS") and its suppliers (including Microsoft Corporation) reserve all rights not expressly granted to you in this EULA. 2. DESCRIPTION OF OTHER RIGHTS AND LIMITATIONS. * NetMeeting/Remote Assistance/Remote Desktop Features. SOFTWARE may contain NetMeeting, Remote Assistance, and Remote Desktop technologies that enable the SOFTWARE or other applications installed on the COMPUTER to be used remotely between two or more computers, even if the SOFTWARE or application is installed on only one COMPUTER. You may use NetMeeting, Remote Assistance, and Remote Desktop with all Microsoft products; provided however, use of these technologies with certain Microsoft products may require an additional license. For Microsoft and non-Microsoft products, you should consult the license agreement accompanying the applicable product or contact the applicable licensor to determine whether use of NetMeeting, Remote Assistance, or Remote Desktop is permitted without an additional license. * Consent to Use of Data. You agree that MS and Microsoft Corporation and their affiliates may collect and use technical information gathered in any manner as part of the product support services provided to you, if any, related to the SOFTWARE. MS, Microsoft Corporation and their affiliates may use this information solely to improve their products or to provide customized services or technologies to you. MS, Microsoft Corporation and their affiliates may disclose this information to others, but not in a form that personally identifies you. * Internet Gaming/Update Features. If you choose to utilize the Internet gaming or update features within the SOFTWARE, it is necessary to use certain COMPUTER system, hardware, and software information to implement the features. By using these features, you explicitly authorize MS, Microsoft Corporation and/or their designated agent to use this information solely to improve our products or to provide customized services or technologies to you. MS or Microsoft Corporation may disclose this information to others, but not in a form that personally identifies you. * Internet-Based Services Components. The SOFTWARE contains components that enable and facilitate the use of certain Internet-based services. You acknowledge and agree that MS, Microsoft Corporation or their subsidiaries may automatically check the version of the SOFTWARE and/or its components that you are utilizing and may provide upgrades or supplements to the SOFTWARE that may be automatically downloaded to your COMPUTER. * Language Version Selection. (i) Manufacturer may have elected to provide you with a one-time selection of two or more language versions of the SOFTWARE as part of the SOFTWARE setup process. In such event, you are licensed to use only one of the language versions provided. Once you have used a language version, you are not licensed to use any of the other language versions that Manufacturer may have included with the COMPUTER. (ii) Notwithstanding the preceding, if Manufacturer has elected to provide you with a Multilingual User Interface ("MUI") for certain language versions with additional language version support of the SOFTWARE, the preceding limitation to select and use only one language version of the SOFTWARE shall not apply, so long as (A) you acknowledge that the MUI, and the language support contained therein, is a part of the SOFTWARE, (B) you only use the MUI with the SOFTWARE, and (C) you comply with all of the other terms and conditions of this EULA. * Operating System Selection. Manufacturer may have elected to provide you with a selection of Microsoft operating system software for the COMPUTER. If the SOFTWARE PRODUCT includes more than one (1) Microsoft operating system ("Microsoft OS"), you are licensed to use only one of the Microsoft OS selections provided. As part of the setup process for the SOFTWARE you will be given a one-time option to select one (1) Microsoft OS. Upon selection, the one Microsoft OS selected by you will be set up on the COMPUTER, and the other Microsoft OS(s) not selected by you will be automatically and permanently deleted from the hard disk of the COMPUTER. * Additional Software/Services. The terms of this EULA apply to Microsoft updates, supplements, add-on components, or Internet-based services components of the SOFTWARE ("Supplemental Components") that Manufacturer, MS, Microsoft Corporation or their subsidiaries may provide to you or make available to you after the date you obtain your initial copy of the SOFTWARE, unless other terms are provided along with such Supplemental Components. If other terms are not provided along with such Supplemental Components and the Supplemental Components are provided to you by MS, Microsoft Corporation or a Microsoft subsidiary then you will be licensed by such entity under the same terms and conditions of this EULA, except that the MS, Microsoft Corporation or Microsoft subsidiary entity providing the Supplemental Components will be the licensor with respect to such components in lieu of the "Manufacturer" for the purposes of the EULA, including, without limitation the Limited Warranty Appendix. THE LIMITED WARRANTY (IF ANY) INCLUDED WITH OR IN THIS EULA APPLIES TO SUCH SUPPLEMENTAL COMPONENTS (IF ANY) PROVIDED THAT YOU LICENSED THE SUPPLEMENTAL COMPONENTS WITHIN THE ORIGINAL TERM OF THE LIMITED WARRANTY. HOWEVER, PROVISION OF THE SUPPLEMENTAL COMPONENTS DOES NOT EXTEND THE TIME PERIOD FOR WHICH THE LIMITED WARRANTY IS PROVIDED. ALL OTHER DISCLAIMERS, EXCLUSIONS OF DAMAGES, AND LIMITATIONS OF LIABILITY AND REMEDIES SET FORTH IN THIS EULA SHALL APPLY TO SUCH SUPPLEMENTAL COMPONENTS. Manufacturer, MS, Microsoft Corporation and their subsidiaries reserves the right to discontinue any Microsoft Internet-based services provided to you or made available to you through the use of the SOFTWARE. This EULA does not grant you any rights to use the Windows Media Format Software Development Kit ("WMFSDK") components contained in the SOFTWARE to develop a software application that uses Windows Media technology. If you wish to use the WMFSDK to develop such an application, visit http://msdn.microsoft.com/workshop/i.../sdk/wmsdk.asp, accept a separate license for the WMFSDK, download the appropriate WMFSDK, and install it on your system. * Limitations on Reverse Engineering, Decompilation and Disassembly. You may not reverse engineer, decompile, or disassemble the SOFTWARE, except and only to the extent that such activity is expressly permitted by applicable law notwithstanding this limitation. * Separation of Components. The SOFTWARE is licensed as a single product. Its component parts may not be separated for use on more than one computer. * Single EULA. The package for the SOFTWARE may contain multiple versions of this EULA, such as multiple translations and/or multiple media versions (e.g., in the user documentation and in the software). In this case, you are only licensed to use one (1) copy of the SOFTWARE. * Termination. Without prejudice to any other rights, Manufacturer or MS may cancel this EULA if you do not abide by the terms and conditions contained herein. In such event, you must destroy all copies of the SOFTWARE and all of its component parts. * Trademarks. This EULA does not grant you any rights in connection with any trademarks or service marks of Manufacturer, MS or its suppliers (including Microsoft Corporation). 3. UPGRADES. If the SOFTWARE is labeled as an upgrade, you must be properly licensed to use a product identified by MS or Microsoft Corporation as being eligible for the upgrade in order to use the SOFTWARE ("Eligible Product"). For the purpose of upgrade(s) only, "HARDWARE" shall mean the computer system or computer system component with which you received the Eligible Product. SOFTWARE labeled as an upgrade replaces and/or supplements (and may disable, if upgrading a Microsoft software product) the Eligible Product which came with the HARDWARE. After upgrading, you may no longer use the SOFTWARE that formed the basis for your upgrade eligibility (unless otherwise provided). You may use the resulting upgraded product only in accordance with the terms of this EULA and only with the HARDWARE. If the SOFTWARE is an upgrade of a component of a package of software programs that you licensed as a single product, the SOFTWARE may be used and transferred only as part of that single product package and may not be separated for use on more than one computer. 4. INTELLECTUAL PROPERTY RIGHTS. All title and intellectual property rights in and to the SOFTWARE (including but not limited to any images, photographs, animations, video, audio, music, text and "applets," incorporated into the SOFTWARE), the accompanying printed materials, and any copies of the SOFTWARE, are owned by MS or its suppliers (including Microsoft Corporation). The SOFTWARE is licensed, not sold. All title and intellectual property rights in and to the content that is not contained in the SOFTWARE, but which may be accessed through use of the SOFTWARE is the property of the respective content owner and may be protected by applicable copyright or other intellectual property laws and treaties. Use of any on- line services which may be accessed through the SOFTWARE may be governed by the respective terms of use relating to such services. If this SOFTWARE contains documentation that is provided only in electronic form, you may print one copy of such electronic documentation. You may not copy the printed materials accompanying the SOFTWARE. 5. PRODUCT SUPPORT. SOFTWARE support for the SOFTWARE is not provided by MS, Microsoft Corporation, or their affiliates or subsidiaries. For product support, please refer to Manufacturer's support number provided in the documentation for the HARDWARE. Should you have any questions concerning this EULA, or if you desire to contact Manufacturer for any other reason, please refer to the address provided in the documentation for the HARDWARE. 6. EXPORT RESTRICTIONS. You acknowledge that the SOFTWARE is subject to U.S. export jurisdiction. You agree to comply with all applicable international and national laws that apply to the products, including the U.S. Export Administration Regulations, as well as end-user, end-use and destination restrictions issued by U.S. and other governments. For additional information, see http://www.microsoft.com/exporting/. 7. U.S. GOVERNMENT LICENSE RIGHTS. All SOFTWARE PRODUCT provided to the U.S. Government pursuant to solicitations issued on or after December 1, 1995 is provided with the commercial rights and restrictions described elsewhere herein. All SOFTWARE provided to the U.S. Government pursuant to solicitations issued prior to December 1, 1995 is provided with RESTRICTED RIGHTS as provided for in FAR, 48 CFR 52.227-14 (JUNE 1987) or FAR, 48 CFR 252.227- 7013 (OCT 1988), as applicable. 8. ADDITIONAL PROVISIONS. FOR THE LIMITED WARRANTIES, LIMITATION OF LIABILITY, AND OTHER SPECIAL PROVISIONS, PLEASE REFER TO THE ADDITIONAL PROVISIONS PROVIDED BELOW AND/OR OTHERWISE WITH THE SOFTWARE. SUCH LIMITED WARRANTIES, LIMITATION OF LIABILITY AND SPECIAL PROVISIONS ARE AN INTEGRAL PART OF THIS EULA. APPENDIX WARRANTY AND SPECIAL PROVISIONS FOR AUSTRALIA, NEW ZEALAND OR PAPUA NEW GUINEA EXPRESS LIMITED WARRANTY CONSUMER RIGHTS. Consumers may have the benefit of certain rights or remedies pursuant to the Trade Practices Act and similar state and territory laws in Australia or the Consumer Guarantees Act in New Zealand, in respect of which certain liability may not be excluded. LIMITED EXPRESS WARRANTY. Manufacturer warrants that: (a) the SOFTWARE will perform substantially in accordance with the accompanying Product Manual(s) for a period of 90 days from the date of receipt; and (b) any Microsoft hardware accompanying SOFTWARE will be free from defects in materials and workmanship under normal use and service for a period of 1 year from the date of receipt. CUSTOMER REMEDIES. To the maximum extent permitted under applicable law, Manufacturer's and its supplier's entire liability and your exclusive remedy under the express warranty is, at Manufacturer's option, either (a) return of the price paid; or (b) repair or replacement of the SOFTWARE or Microsoft hardware which does not meet the warranty and which is returned to Manufacturer with a copy of your receipt. The warranty is void if failure of the SOFTWARE or Microsoft hardware has resulted from accident, abuse or misapplication. Any replacement SOFTWARE and/or Microsoft hardware will be warranted for the remainder of the original warranty period or 30 days, whichever is longer. LIMITATION OF LIABILITY. To the maximum extent permitted by applicable law, any conditions or warranties imposed or implied by law are hereby excluded. Consumers may nevertheless have the benefit of certain rights or remedies pursuant to the Trade Practices Act and similar state and territory laws in Australia or the Consumer Guarantees Act in New Zealand, in respect of which liability may not be excluded. Insofar as such liability may not be excluded, then to the maximum extent permitted by law, such liability is limited, at the exclusive option of Manufacturer, to either (a) replacement of the SOFTWARE (and any accompanying hardware supplied); or (b) correction of defects in the SOFTWARE; or (c) payment of the cost of having defects in the SOFTWARE (and any accompanying hardware supplied). EXCLUSION OF LIABILITY/DAMAGES. The following is without prejudice to any rights you may have at law which cannot legally be excluded or restricted. You acknowledge that no promise, representation, warranty or undertaking has been made or given by Manufacturer and/or Microsoft Corporation (or related company of either) to any person or company on its behalf in relation to the profitability of or any other consequences or benefits to be obtained from the delivery or use of the SOFTWARE and any accompanying Microsoft hardware, software, manuals or written materials. You have relied upon your own skill and judgement in deciding to acquire the SOFTWARE and any accompanying hardware, manuals and written materials for use by you. Except as and to the extent provided in this agreement, neither Manufacturer and/or Microsoft Corporation (or related company of either) will in any circumstances be liable for any other damages whatsoever (including, without limitation, damages for loss of business, business interruption, loss of business information or other indirect or consequential loss) arising out of the use or inability to use or supply or non-supply of the SOFTWARE and any accompanying hardware and written materials. Manufacturer's and/or Microsoft Corporation (or related company of either) total liability under any provision of this agreement is in any case limited to the amount actually paid by you for the SOFTWARE and/or Microsoft hardware. This agreement is governed by the laws of New South Wales, Australia or, where supplies are made in New Zealand, by the laws of New Zealand. APPENDIX WARRANTY AND SPECIAL PROVISIONS FOR ENGLAND, SCOTLAND, WALES AND IRELAND LIMITED WARRANTY LIMITED WARRANTY. Manufacturer warrants that (a) the SOFTWARE will perform substantially in accordance with the accompanying written materials for a period of ninety (90) days from the date of receipt, and (b) any Microsoft hardware accompanying the SOFTWARE will be free from defects in materials and workmanship under normal use and service for a period of one (1) year from the date of receipt. Any implied warranties on the SOFTWARE and Microsoft hardware are limited to ninety (90) days and one (1) year, respectively. Some states/jurisdictions do not allow limitations on duration of an implied warranty, so the above limitation may not apply to you. CUSTOMER REMEDIES. Manufacturer's and its suppliers' entire liability and your exclusive remedy shall be, at Manufacturer's option, either (a) return of the price paid, or (b) repair or replacement of the SOFTWARE or hardware that does not meet this Limited Warranty and which is returned to Manufacturer with a copy of your receipt. This Limited Warranty is void if failure of the SOFTWARE or hardware has resulted from accident, abuse, or misapplication. Any replacement SOFTWARE or hardware will be warranted for the remainder of the original warranty period or thirty (30) days, whichever is longer. NO OTHER WARRANTIES. To the maximum extent permitted by applicable law, Manufacturer and its suppliers disclaim all other representations, warranties, conditions or other terms, either express or implied, including, but not limited to implied warranties amd/or conditions of merchantability and fitness for a particular purpose, with regard to the SOFTWARE, the accompanying written materials, and any accompanying hardware. This limited warranty gives you specific legal rights. You may have others which vary from state/jurisdiction to state/jurisdiction. NO LIABILITY FOR CONSEQUENTIAL DAMAGES. To the maximum extent permitted by applicable law, in no event shall Manufacturer or its suppliers be liable for any damages whatsoever (including without limitation, direct or indirect damages for personal injury, loss of business profits, business interruption, loss of business information, or any other pecuniary loss) arising out of the use of or inability to use this product, even if Manufacturer has been advised of the possibility of such damages. In any case, Manufacturer's and its suppliers' entire liability under any provision of this agreement shall be limited to the amount actually paid by you for the SOFTWARE and/or Microsoft hardware. Because some states /jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, the above limitation may not apply to you. SPECIAL PROVISIONS Reverse Engineering: If you acquired the SOFTWARE in the European Community, you may not reverse engineer, decompile, or dissassemble the SOFTWARE except to the extent and for the express purposes authorized by applicable law. This Software License Agreement is governed by the laws of England. APPENDIX WARRANTY AND SPECIAL PROVISIONS FOR CANADA LIMITED WARRANTY LIMITED WARRANTY. Manufacturer warrants that (a) the SOFTWARE will perform substantially in accordance with the accompanying written materials for a period of ninety (90) days from the date of receipt, and (b) any Microsoft hardware accompanying the SOFTWARE will be free from defects in materials and workmanship under normal use and service for a period of one (1) year from the date of receipt. Any implied warranties or conditions on the SOFTWARE and Microsoft hardware are limited to ninety (90) days and one (1) year, respectively. Some states/jurisdictions do not allow limitations on duration of an implied warranty, so the above limitation may not apply to you. CUSTOMER REMEDIES. Manufacturer's and its suppliers' entire liability and your exclusive remedy shall be, at Manufacturer's option, either (a) return of the price paid, or (b) repair or replacement of the SOFTWARE or hardware that does not meet this Limited Warranty and which is returned to Manufacturer with a copy of your receipt. This Limited Warranty is void if failure of the SOFTWARE or hardware has resulted from accident, abuse, or misapplication. Any replacement SOFTWARE or hardware will be warranted for the remainder of the original warranty period or thirty (30) days, whichever is longer. NO OTHER WARRANTIES. To the maximum extent permitted by applicable law, Manufacturer and its suppliers disclaim all other warranties, either express or implied, including, but not limited to implied warranties of merchantability and fitness for a particular purpose, with regard to the SOFTWARE, the accompanying written materials, and any accompanying hardware. This limited warranty gives you specific legal rights. You may have others which vary from state/jurisdiction to state/jurisdiction. NO LIABILITY FOR CONSEQUENTIAL DAMAGES. To the maximum extent permitted by applicable law, in no event shall Manufacturer or its suppliers be liable for any damages whatsoever (including without limitation, direct or indirect damages for personal injury, loss of business profits, business interruption, loss of business information, or any other pecuniary loss) arising out of the use of or inability to use this product, even if Manufacturer has been advised of the possibility of such damages. In any case, Manufacturer's and its suppliers' entire liability under any provision of this agreement shall be limited to the amount actually paid by you for the SOFTWARE and/or Microsoft hardware. Because some states /jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, the above limitation may not apply to you. This Software License Agreement is governed by the laws of the Province of Ontario, Canada. Each of the parties hereto irrevocably attorns to the jurisdiction of the courts of the Province of Ontario and further agrees to commence any litigation which may arise hereunder in the courts located in the Judicial District of York, Province of Ontario. APPENDIX WARRANTY AND SPECIAL PROVISIONS FOR THE UNITED STATES OF AMERICA AND ANY OTHER COUNTRY LIMITED WARRANTY LIMITED WARRANTY. Manufacturer warrants that (a) the SOFTWARE will perform substantially in accordance with the accompanying written materials for a period of ninety (90) days from the date of receipt, and (b) any Microsoft hardware accompanying the SOFTWARE will be free from defects in materials and workmanship under normal use and service for a period of one (1) year from the date of receipt. Any implied warranties on the SOFTWARE and Microsoft hardware are limited to ninety (90) days and one (1) year, respectively. Some states/jurisdictions do not allow limitations on duration of an implied warranty, so the above limitation may not apply to you. CUSTOMER REMEDIES. Manufacturer's and its suppliers' entire liability and your exclusive remedy shall be, at Manufacturer's option, either (a) return of the price paid, or (b) repair or replacement of the SOFTWARE or hardware that does not meet this Limited Warranty and which is returned to Manufacturer with a copy of your receipt. This Limited Warranty is void if failure of the SOFTWARE or hardware has resulted from accident, abuse, or misapplication. Any replacement SOFTWARE or hardware will be warranted for the remainder of the original warranty period or thirty (30) days, whichever is longer. NO OTHER WARRANTIES. To the maximum extent permitted by applicable law, Manufacturer and its suppliers disclaim all other warranties, either express or implied, including, but not limited to implied warranties of merchantability and fitness for a particular purpose, with regard to the SOFTWARE, the accompanying written materials, and any accompanying hardware. This limited warranty gives you specific legal rights. You may have others which vary from state/jurisdiction to state/jurisdiction. NO LIABILITY FOR CONSEQUENTIAL DAMAGES. To the maximum extent permitted by applicable law, in no event shall Manufacturer or its suppliers be liable for any damages whatsoever (including without limitation, special, incidental, consequential, or indirect damages for personal injury, loss of business profits, business interruption, loss of business information, or any other pecuniary loss) arising out of the use of or inability to use this product, even if Manufacturer has been advised of the possibility of such damages. In any case, Manufacturer's and its suppliers' entire liability under any provision of this agreement shall be limited to the amount actually paid by you for the SOFTWARE and/or Microsoft hardware. Because some states/jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, the above limitation may not apply to you. SPECIAL PROVISIONS U.S. GOVERNMENT LICENSE RIGHTS. All SOFTWARE provided to the U.S. Government pursuant to solicitations issued on or after December 1, 1995 is provided with the commercial license rights and restrictions described in this EULA. All SOFTWARE provided to the U.S. Government pursuant to solicitations issued prior to December 1, 1995 is provided with "Restricted Rights" as provided for in FAR, 48 CFR 52.227-14 (JUNE 1987) or DFAR, 48 CFR 252.227-7013 (OCT 1988), as applicable. Manufacturer is responsible for ensuring the SOFTWARE is marked with the "Restricted Rights Notice" or "Restricted Rights Legend," as required. All rights not expressly granted are reserved. If you acquired the SOFTWARE in the United States of America, this Software License Agreement and Warranty are governed by the laws of the State of Washington, U.S.A. If you acquired the SOFTWARE outside the United States of America, local law may apply. EULAID:WX.1_PRO_OEM_EN "SN" wrote in message ... | That's interesting. If the rule goes as far as the power cable, then | perhaps everyone should be taking advantage of it instead of spending big | bucks at the retail stores, right? | | Is the EULA available online somewhere ? | | Steve | | "XS11E" wrote in message | .. . | "Steve" wrote in | : | | Thanks for your comments. | | Ok, so as you're saying, the main legal catch here is..., only if | you built your own PC, you may buy OEM software. | | No. You may buy OEM software for any computer. The software must be | accompanied by a piece of hardware such as a motherboard, harddrive or | something as cheap as a powercable, I understand the current rule | allows any hardware. | | Once installed the software is bound legally to that computer but you | may repair or upgrade that computer. A repair might include a new | harddrive, and upgrade might be a faster CPU, etc. You are the one who | has to decide. Read the EULA and make your own decision on what's | allowed and what isn't. | | | |
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OEM software
SN wrote:
Hi I posted this question not long ago, but I can't seem to see it anywhere. So, I'd like to post it again here. Regarding OEM software offering out there on the net (such as at http://www.allthesoft.org), are these software ligit ? Thanks Steve Actually, if you were to clicked the links provided and then read the site's self-contradictory,broken English "FAQ," you'd probably have known it was a scam. Full OEM CDs that are full retail versions that are legal as backup media? Shipped from eastern Europe? All CDs shipped with the serial number included in a text file? Definitely not legitimate CDs. -- Bruce Chambers Help us help you: http://dts-l.org/goodpost.htm http://www.catb.org/~esr/faqs/smart-questions.html You can have peace. Or you can have freedom. Don't ever count on having both at once. - RAH |
#15
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OEM software
"SN" wrote in
: That's interesting. If the rule goes as far as the power cable, then perhaps everyone should be taking advantage of it instead of spending big bucks at the retail stores, right? Retail stores such as Fry's Electronics sell OEM as well as retail. There's advantages to the retail, if you sell your computer you can keep the retail software and install it on a new computer w/o violating the EULA. Also, I've been told over and over again that the OEM versions won't upgrade which isn't so, my Windows 2000 is an OEM upgrade and it will ONLY upgrade, I have to have a Windows 9x or NT4.0 disk in order to install it..... Is the EULA available online somewhere ? I don't think so, but I see Jim Macklin has posted a copy somewhere. Bear in mind that the EULA is different for different software, what you get could vary and it may be different for other products such as Office. Also, OEM and retail EULAs are different, of course. |
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