Win xp oem activation hits me clear as mud!

You can not buy an OEM version at Staples or Walmart only a computerfrom an
Oem that has a preinstalled version on it

I was giving what the license states and what an OEM installer is suppose to
agree to to be able to sell an Oem version.
Since this was about an Oem version of the software.

"Steve N." wrote in message
k.net...
Keith AH wrote:

This is copied direct from the OEM license

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.

snip

But that is not what the End User has access to, nor do I if I go to
Wal-Mart or Staples and buy a copy of of WinXP Pro OEM release.

This is from the EULA for OEM XP Pro:

Microsoft Windows XP Professional,
Microsoft(r) Windows(r) XP Tablet PC Edition and
Microsoft(r) Windows(r) XP Media Center Edition
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 on the
Certificate of Authenticity ("COA") affixed to the HARDWARE or
on the associated product documentation ("SOFTWARE").

And he

"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."

Nowhere in that EULA is the word "motherboard". "the
computer system with which the HARDWARE operates" could mean every and
anything.

End users are not prohibited by the EULA from changing any and everything
in the computer system. Most new PCs I see have the COA affixed to the
case. Theoretically I could gut the whole damn thing and rebuild it inside
with anything/everything else different. As long as that COA and case stay
together there is no EULA violation that I can see. Why heck, it would
sure look like the same computer, too.

Steve

Obvious

No...I'm just mad because I'm confused...and don't try to be arrogant... it
might not suit you..ha ha
"Richard Urban" wrote in message
...
No one forced you to buy O.E.M..

You are just mad because YOU didn't do your homework!

BTW, I supply a retail version of Windows XP with every computer I build
for
my customers. I would never place them in a predicament!

--
Regards,

Richard Urban

aka Crusty (-: Old B@stard :-)

If you knew as much as you think you know,
You would realize that you don't know what you thought you knew!


"David Sewell" wrote in message
...
I purchased a win xp home oem disk, at only just pennies short of retail
edition price, from the supplier that supplied me with items I used to
build
my own system. I already have win 95 and win 98 upgrade purchases from
now
dead previous pc's. So, if my motherboard fails, am I right in assuming
I
am supposed to buy a new motherboard and another copy of win xp, thereby
keeping up Bill (love him to bits) Gates to the life style he has become
accustomed, just so that I can carry on using a single system that ain't
moved anywhere and is only used by the single self same person, whose
fault
cannot be blamed if the motherboard decides it wants to go to
motherboard
heaven?

Thanks,
David

"...I would never place them in a predicament!"
Correction: You would never place *yourself* in a predicament!

Richard Urban wrote:
No one forced you to buy O.E.M..

You are just mad because YOU didn't do your homework!

BTW, I supply a retail version of Windows XP with every computer I
build for my customers. I would never place them in a predicament!


"David Sewell" wrote in message
...
I purchased a win xp home oem disk, at only just pennies short of
retail edition price, from the supplier that supplied me with items
I used to build
my own system. I already have win 95 and win 98 upgrade purchases
from now
dead previous pc's. So, if my motherboard fails, am I right in
assuming I am supposed to buy a new motherboard and another copy of
win xp, thereby keeping up Bill (love him to bits) Gates to the life
style he has become accustomed, just so that I can carry on using a
single system that ain't moved anywhere and is only used by the
single self same person, whose fault
cannot be blamed if the motherboard decides it wants to go to
motherboard heaven?

Thanks,
David

In ,
Keith AH typed:

You can not buy an OEM version at Staples or Walmart only a
computerfrom an Oem that has a preinstalled version on it


No, this is not correct. There are two kinds of OEM versions:

1. Those that come preinstalled on new computers sold by the
larger OEMs.

2. Generic OEM versions that can be sold with almost any piece of
non-peripheral hardware. These are identical to the retail
version except for the extra restrictions in the licensing
agreement.

You can readily buy an OEM version of the second type. Whether
Walmart or Staples specifically sell those types, I don't know
for sure, but they are widely available from many sources.

--
Ken Blake - Microsoft MVP Windows: Shell/User
Please reply to the newsgroup

"Keith AH" wrote in message
...
You can not buy an OEM version at Staples or Walmart only a computerfrom
an Oem that has a preinstalled version on it

Wrong. I have three computers that I built myself and all three have OEM
versions installed. Oops.


I was giving what the license states and what an OEM installer is suppose
to agree to to be able to sell an Oem version.
Since this was about an Oem version of the software.

There are OEMs and then there are OEMs.

Alias

"Steve N." wrote in message
k.net...
Keith AH wrote:

This is copied direct from the OEM license

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.

snip

But that is not what the End User has access to, nor do I if I go to
Wal-Mart or Staples and buy a copy of of WinXP Pro OEM release.

This is from the EULA for OEM XP Pro:

Microsoft Windows XP Professional,
Microsoft(r) Windows(r) XP Tablet PC Edition and
Microsoft(r) Windows(r) XP Media Center Edition
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 on the
Certificate of Authenticity ("COA") affixed to the HARDWARE or
on the associated product documentation ("SOFTWARE").

And he

"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."

Nowhere in that EULA is the word "motherboard". "the
computer system with which the HARDWARE operates" could mean every and
anything.

End users are not prohibited by the EULA from changing any and everything
in the computer system. Most new PCs I see have the COA affixed to the
case. Theoretically I could gut the whole damn thing and rebuild it
inside with anything/everything else different. As long as that COA and
case stay together there is no EULA violation that I can see. Why heck,
it would sure look like the same computer, too.

Steve

If you go to a Walmart or staples store they do not have an OEM version to
buy
I did not state that you could not buy the Generic version of the Oem that
is what I sell

"Ken Blake" wrote in message
...
In ,
Keith AH typed:

You can not buy an OEM version at Staples or Walmart only a
computerfrom an Oem that has a preinstalled version on it


No, this is not correct. There are two kinds of OEM versions:

1. Those that come preinstalled on new computers sold by the larger OEMs.

2. Generic OEM versions that can be sold with almost any piece of
non-peripheral hardware. These are identical to the retail version except
for the extra restrictions in the licensing agreement.

You can readily buy an OEM version of the second type. Whether Walmart or
Staples specifically sell those types, I don't know for sure, but they are
widely available from many sources.

--
Ken Blake - Microsoft MVP Windows: Shell/User
Please reply to the newsgroup

On Sat, 14 May 2005 23:40:46 +0100, David Sewell wrote:

I purchased a win xp home oem disk, at only just pennies short of retail
edition price, from the supplier that supplied me with items I used to build
my own system. I already have win 95 and win 98 upgrade purchases from now
dead previous pc's. So, if my motherboard fails, am I right in assuming I
am supposed to buy a new motherboard and another copy of win xp, thereby
keeping up Bill (love him to bits) Gates to the life style he has become
accustomed, just so that I can carry on using a single system that ain't
moved anywhere and is only used by the single self same person, whose fault
cannot be blamed if the motherboard decides it wants to go to motherboard
heaven?

Few months ago my motherboard developed a fault and needed replacing.
The firm that I deal with for computer gear informed me that there was
a strong possibility that I would need to purchase another OEM copy of
XP to replace the one that was presently installed.

Before installing the new motherboard I contacted the local Microsoft
office and asked them the legal situation in this case. One manager
informed that I would need to purchase a new copy, but another manager
said to just replace the motherboard and reactive over the phone. (It
appears that even Microsoft has difficultly's in understanding the
rules pertaining to OEM XP).

I changed the motherboard, slipstreamed my OEM XP copy with SP2 and
done a repair installation. Everything worked okay and I just waited
for a reactivation notice. This was about six months ago and as of yet
I still haven't had to reactivate.

The whole situation with OEM versions is a unclear, and further talks
with a senior Microsoft employee he admitted that no one is 100% sure
of the rules with OEM versions that have been purchased to owner
builders.

When I purchased an OEM copy, I was made aware that there was
limitations between OEM and a full retail copy. For instance I knew
that there would be no Microsoft support - unable to use the software
to upgrade from - the copy would need to be sold with the machine when
and if it was sold. No mention was made about not be able to upgrade
or change faulty hardware.

It's clear from the many postings to this group in regards OEM XP that
users are unclear ( and that includes the MVP's )just what the rules
are pertaining to OEM copies.

On Sat, 14 May 2005 17:59:06 -0500, Carey Frisch [MVP] wrote:

You paid less for an OEM version and as a consequence you do not
receive the benefits of a Retail Version. OEM versions of Windows
XP are non-transferrable and if your motherboard dies, so does your
OEM license. Microsoft does not sell OEM versions to end-users,
only Retail Versions.

If Microsoft doesn't sell OEM versions to end-users, where do people
that build their own machines get their copies from?

I paid less for my OEM copy because I can't use it for an upgrade to a
newer version - I can't get Microsoft support - and the software has
to go with the computer when sold or given away.

I think this information is incorrect "motherboard dies so does your
OEM licence".

Company legal contracts [EULA] are written by teams of lawyers. If you ever
find one written in plain easily understood English [Italian, Polish, etc]
either on this or any other side of the Atlantic, I will never believe that
it is real. I plainly understand that an OEM Windows license is limited to
the first computer upon which it is installed. If the Microsoft EULA
displayed is correct, you can upgrade about any part of it [except the
Motherboard] at your will. If the motherboard is upgraded, OEM license is
revoked UNLESS the original board burned out and you replace it with one
Microsoft will approve in extending the OEM License. In other words, call
them before you buy and install the motherboard since there are going to be
limitations imposed. The only reason to buy an OEM license is to save some
money but then you have to accept the ensuing limitations.
Gene K

"David Sewell" wrote in message
...
I read it all. Hence my subject heading "Win xp oem activation hits me
clear as mud!"

Sorry, have you heard of the plain english society? Maybe there should (if
it does not already exist) be an American version....
Sorry guys........

I agree if it is still available in the market. If not, call Microsoft
BEFORE you buy a new one
"Carey Frisch [MVP]" wrote in message
...
No. Just replace the motherboard with an identical motherboard!

--
Carey Frisch
Microsoft MVP
Windows XP - Shell/User
Microsoft Newsgroups

Get Windows XP Service Pack 2 with Advanced Security Technologies:
http://www.microsoft.com/athome/secu...xp/choose.mspx

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

"David Sewell" wrote:

| Does this mean that the person that sold me a copy of oem win xp should
| give me another copy of win xp if there supplied motherboard should
fail?
| We could go on like this forever, and this is where the problem lies as
I
| see it.



---
avast! Antivirus: Outbound message clean.
Virus Database (VPS): 0519-2, 05/12/2005
Tested on: 5/14/2005 7:14:07 PM
avast! - copyright (c) 1988-2005 ALWIL Software.
http://www.avast.com

Maybe not at Staples or Office Depot, but you can buy them on line from many
re-sellers.
Gene K
"Keith AH" wrote in message
...
You can not buy an OEM version at Staples or Walmart only a computerfrom
an Oem that has a preinstalled version on it

I was giving what the license states and what an OEM installer is suppose
to agree to to be able to sell an Oem version.
Since this was about an Oem version of the software.

"Steve N." wrote in message
k.net...
Keith AH wrote:

This is copied direct from the OEM license

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.

snip

But that is not what the End User has access to, nor do I if I go to
Wal-Mart or Staples and buy a copy of of WinXP Pro OEM release.

This is from the EULA for OEM XP Pro:

Microsoft Windows XP Professional,
Microsoft(r) Windows(r) XP Tablet PC Edition and
Microsoft(r) Windows(r) XP Media Center Edition
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 on the
Certificate of Authenticity ("COA") affixed to the HARDWARE or
on the associated product documentation ("SOFTWARE").

And he

"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."

Nowhere in that EULA is the word "motherboard". "the
computer system with which the HARDWARE operates" could mean every and
anything.

End users are not prohibited by the EULA from changing any and everything
in the computer system. Most new PCs I see have the COA affixed to the
case. Theoretically I could gut the whole damn thing and rebuild it
inside with anything/everything else different. As long as that COA and
case stay together there is no EULA violation that I can see. Why heck,
it would sure look like the same computer, too.

Steve

No. You do not have to accept the ensuing limitations. Only a fool would do
so.
There are enough limitations without one that makes zero sense.

Gene K wrote:
Company legal contracts [EULA] are written by teams of lawyers. If
you ever find one written in plain easily understood English
[Italian, Polish, etc] either on this or any other side of the
Atlantic, I will never believe that it is real. I plainly understand
that an OEM Windows license is limited to the first computer upon
which it is installed. If the Microsoft EULA displayed is correct,
you can upgrade about any part of it [except the Motherboard] at your
will. If the motherboard is upgraded, OEM license is revoked UNLESS
the original board burned out and you replace it with one Microsoft
will approve in extending the OEM License. In other words, call them
before you buy and install the motherboard since there are going to
be limitations imposed. The only reason to buy an OEM license is to
save some money but then you have to
accept the ensuing limitations. Gene K

"David Sewell" wrote in message
...
I read it all. Hence my subject heading "Win xp oem activation hits
me clear as mud!"

Sorry, have you heard of the plain english society? Maybe there
should (if it does not already exist) be an American version....
Sorry guys........

Leythos wrote:
In article ,
lid says...
It's clear from the many postings to this group in regards OEM XP
that users are unclear ( and that includes the MVP's )just what the
rules are pertaining to OEM copies.

It's only unclear for those that want to remain ignorant - the OEM
builders site is very clear about the OEM rules.

One note, the licensing agreement states that a Motherboard many be
replaced with identical or a newer motherboard with the older board is
defective - this means that if your Old P3 motherboard dies you can
change it out for a P20000000 motherboard and still activate and be
properly licensed. If you just wanted a faster computer and replaced a
non-defective motherboard,

that would violate the systems builders OEM agreement...


To which the end-user has never agreed.
If I perform CPR in an emergency, I am not bound by the Hippocratic Oath.

Leythos wrote:
In article ,
lid says...
It's clear from the many postings to this group in regards OEM XP
that users are unclear ( and that includes the MVP's )just what the
rules are pertaining to OEM copies.

It's only unclear for those that want to remain ignorant - the OEM
builders site is very clear about the OEM rules.

One note, the licensing agreement states that a Motherboard many be
replaced with identical or a newer motherboard with the older board is
defective - this means that if your Old P3 motherboard dies you can
change it out for a P20000000 motherboard and still activate and be
properly licensed. If you just wanted a faster computer and replaced a
non-defective motherboard, that would violate the systems builders OEM
agreement.

--

I lied about my last post being the last post of mine in this thread.

No End User gets the opportunity to agree or disagree with the
information at the System Builder OEM web site, and that web page is not
a valid contract, license, or oath!

THOSE ARE THE ONLY THINGS THAT ARE CLEAR AND INDISPUTABLE!

You are a Microsoft Partner, and have a total conflict of interest to
say whatever you think MS wants you to say!

--
Peace!
Kurt
Self-anointed Moderator
microscum.pubic.windowsexp.gonorrhea
http://microscum.com/mscommunity
"Trustworthy Computing" is only another example of an Oxymoron!
"Produkt-Aktivierung macht frei"