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OEM versus Upgrade



 
 
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  #1  
Old February 13th 05, 05:10 PM
Carl G
external usenet poster
 
Posts: n/a
Default OEM versus Upgrade

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.
I want to install xp on my daughters pc now but in the near future she wants
to build a new pc.
So can we transfer the oem copy to the new home built pc.She has home built
pc now,wants a bigger one.
Thanks

--
Carl G


  #2  
Old February 13th 05, 06:08 PM
Mike Brannigan [MSFT]
external usenet poster
 
Posts: n/a
Default OEM versus Upgrade

"Carl G" cgerving@ecenetDOTcom wrote in message
...
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.
I want to install xp on my daughters pc now but in the near future she
wants to build a new pc.
So can we transfer the oem copy to the new home built pc.She has home
built pc now,wants a bigger one.
Thanks


Simply No.
OEM versions are tied to the first PC they are installed to.
They are not transferable to another PC at any later date.

If you wish to be able to transfer the license to another PC you must
purchase the full Retail version.

--

Regards,

Mike
--
Mike Brannigan [Microsoft]

This posting is provided "AS IS" with no warranties, and confers no
rights

Please note I cannot respond to e-mailed questions, please use these
newsgroups

"Carl G" cgerving@ecenetDOTcom wrote in message
...
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.
I want to install xp on my daughters pc now but in the near future she
wants to build a new pc.
So can we transfer the oem copy to the new home built pc.She has home
built pc now,wants a bigger one.
Thanks

--
Carl G



  #3  
Old February 13th 05, 06:28 PM
kurttrail
external usenet poster
 
Posts: n/a
Default OEM versus Upgrade

Mike Brannigan [MSFT] wrote:
"Carl G" cgerving@ecenetDOTcom wrote in message
...
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.
I want to install xp on my daughters pc now but in the near future
she wants to build a new pc.
So can we transfer the oem copy to the new home built pc.She has home
built pc now,wants a bigger one.
Thanks


Simply No.


Nothing is simple with post-sale shrink-wrapped licenses.

OEM versions are tied to the first PC they are installed to.
They are not transferable to another PC at any later date.


That would be the CLAIM I mentioned in my post.


If you wish to be able to transfer the license to another PC you must
purchase the full Retail version.


MUST! LOL! Reality suggests that your "MUST" is total nonsense.


--

Regards,

Mike
--
Mike Brannigan [Microsoft]

This posting is provided "AS IS" with no warranties, and confers no
rights


In other words, he is talking for himself, and takes no responsibility
for his accuracy of his words, or their results.

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


  #4  
Old February 13th 05, 06:13 PM
Vagabond Software
external usenet poster
 
Posts: n/a
Default OEM versus Upgrade

"Carl G" cgerving@ecenetDOTcom wrote in message =
...
Hi guys
If i buy a microsoft OEM version of XP Home ,can i transfer it from =

one pc=20
to another like i would be able to do with a upgrade copy.
I want to install xp on my daughters pc now but in the near future she =

wants=20
to build a new pc.
So can we transfer the oem copy to the new home built pc.She has home =

built=20
pc now,wants a bigger one.
Thanks
=20
--=20


It will be technically possible to install your OEM version of Windows =
XP on your daughters next computer, but it is not permitted by the EULA. =
It would be like continuing to use an unlicensed version of Winzip =
beyond the trial period or using the free edition of Avast Antivirus in =
a corporate environment; possible, but not permissible.

However, the story is entirely different with your Upgrade version, =
which is transferrable to the new machine.

carl
  #5  
Old February 13th 05, 06:30 PM
kurttrail
external usenet poster
 
Posts: n/a
Default OEM versus Upgrade

Vagabond Software wrote:
"Carl G" cgerving@ecenetDOTcom wrote in message
...
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.
I want to install xp on my daughters pc now but in the near future
she wants to build a new pc.
So can we transfer the oem copy to the new home built pc.She has
home built pc now,wants a bigger one.
Thanks

--


It will be technically possible to install your OEM version of
Windows XP on your daughters next computer, but it is not permitted
by the EULA. It would be like continuing to use an unlicensed
version of Winzip beyond the trial period or using the free edition
of Avast Antivirus in a corporate environment; possible, but not
permissible.

However, the story is entirely different with your Upgrade version,
which is transferrable to the new machine.


As long as you have the qualifying media. Many Major OEM restore disks
cannot be used as qualifying media.

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


  #6  
Old February 14th 05, 11:53 AM
mrpsychology
external usenet poster
 
Posts: n/a
Default OEM versus Upgrade

What if the oem computer was taken apart and not used? Say, the computer's
motherboard and cpu is taken out and the oem copy of windows is no longer on
that oem. Then the oem would not have the liscence right? So then, you
possibly could use the oem windows on anotehr computer considering the oem
had used different os if it was taken apart?
I had a hewlettpackard that is now demolished basically. The hardrive
is broke and does not have the oem version on it, and the motherboard and
cpu is being used with another operating system. So, hewlettpackards os is
not being used that was liscenced to me. Naturally, hewlett packard sets up
the windows cds in 9 cds and you cant take programs off of it. In this
scenario would it be legal to use the oem on another computer considering
the motherboard and cpu are on another computer using another os and the
hardrive does not have the copy of windows on it? In a situation like that
i was thinking i could get money back from hewlett packard but they
disagreed. Because i do understand an oem windows is for that computer, but
if you took the windows off the oem completely why would it be wrong to use
it on a homemade computer? The oem would still be bound to ONE pc, just a
different one and would not be on more than one pc.
"Vagabond Software" wrote in message
...
"Carl G" cgerving@ecenetDOTcom wrote in message
...
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.
I want to install xp on my daughters pc now but in the near future she
wants
to build a new pc.
So can we transfer the oem copy to the new home built pc.She has home
built
pc now,wants a bigger one.
Thanks

--


It will be technically possible to install your OEM version of Windows XP on
your daughters next computer, but it is not permitted by the EULA. It would
be like continuing to use an unlicensed version of Winzip beyond the trial
period or using the free edition of Avast Antivirus in a corporate
environment; possible, but not permissible.

However, the story is entirely different with your Upgrade version, which is
transferrable to the new machine.

carl


  #7  
Old February 14th 05, 12:13 PM
Mike Brannigan [MSFT]
external usenet poster
 
Posts: n/a
Default OEM versus Upgrade

"mrpsychology" wrote in message
...
What if the oem computer was taken apart and not used? Say, the
computer's motherboard and cpu is taken out and the oem copy of windows is
no longer on that oem. Then the oem would not have the liscence right?
So then, you possibly could use the oem windows on anotehr computer
considering the oem had used different os if it was taken apart?
I had a hewlettpackard that is now demolished basically.


snipping the rest

The OEM install of Windows XP is tied to the first Computer it is installed
to.
It is also known as a one time use license
It becomes part of the computer so if you "demolish" your PC then you
basically destroy the license to use Windows XP too.

And just in case the subject of buying an OEM CD with a price of hardware
and thinking you can then move that hardware around or even the couple of
European countries where you can even buy an OEM CD without hardware.
None of this is relevant - when you install the product to the computer or
the computer that you first place the hardware in etc it becomes part of
that computer for licensing terms.

You will need to check the specific vendors OEM EULA but here is the generic
relevant sections


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 that
you comply with all terms and conditions of this EULA:

1.1 Installation and use. You may install, use, access,
display and run one 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 COA.

1.2 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 COMPUTER as a single integrated
product and may only be used with the COMPUTER.
If the SOFTWARE is not accompanied by 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 COMPUTER,
provided you retain no copies of the SOFTWARE.
If the SOFTWARE is an upgrade, any transfer
must also include all prior versions of the
SOFTWARE. This transfer must also include
the Certificate of Authenticity label. The transfer
may not be an indirect transfer, such as a consignment.
Prior to the transfer, the end user receiving the
Software must agree to all the EULA terms.


--

Regards,

Mike
--
Mike Brannigan [Microsoft]

This posting is provided "AS IS" with no warranties, and confers no
rights

Please note I cannot respond to e-mailed questions, please use these
newsgroups

"mrpsychology" wrote in message
...
What if the oem computer was taken apart and not used? Say, the
computer's motherboard and cpu is taken out and the oem copy of windows is
no longer on that oem. Then the oem would not have the liscence right?
So then, you possibly could use the oem windows on anotehr computer
considering the oem had used different os if it was taken apart?
I had a hewlettpackard that is now demolished basically. The hardrive
is broke and does not have the oem version on it, and the motherboard and
cpu is being used with another operating system. So, hewlettpackards os
is not being used that was liscenced to me. Naturally, hewlett packard
sets up the windows cds in 9 cds and you cant take programs off of it. In
this scenario would it be legal to use the oem on another computer
considering the motherboard and cpu are on another computer using another
os and the hardrive does not have the copy of windows on it? In a
situation like that i was thinking i could get money back from hewlett
packard but they disagreed. Because i do understand an oem windows is for
that computer, but if you took the windows off the oem completely why
would it be wrong to use it on a homemade computer? The oem would still
be bound to ONE pc, just a different one and would not be on more than one
pc.
"Vagabond Software" wrote in message
...
"Carl G" cgerving@ecenetDOTcom wrote in message
...
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.
I want to install xp on my daughters pc now but in the near future she
wants
to build a new pc.
So can we transfer the oem copy to the new home built pc.She has home
built
pc now,wants a bigger one.
Thanks

--


It will be technically possible to install your OEM version of Windows XP
on your daughters next computer, but it is not permitted by the EULA. It
would be like continuing to use an unlicensed version of Winzip beyond the
trial period or using the free edition of Avast Antivirus in a corporate
environment; possible, but not permissible.

However, the story is entirely different with your Upgrade version, which
is transferrable to the new machine.

carl



  #8  
Old February 14th 05, 12:23 PM
mrpsychology
external usenet poster
 
Posts: n/a
Default OEM versus Upgrade

That is why i was thinking i could get a refund from hewlett packard by
sending in the 9 cds. Because then i could get money back and they could
install that windows on another one of their computers.
"Mike Brannigan [MSFT]" wrote in message
...
"mrpsychology" wrote in message
...
What if the oem computer was taken apart and not used? Say, the
computer's motherboard and cpu is taken out and the oem copy of windows
is no longer on that oem. Then the oem would not have the liscence
right? So then, you possibly could use the oem windows on anotehr
computer considering the oem had used different os if it was taken apart?
I had a hewlettpackard that is now demolished basically.


snipping the rest

The OEM install of Windows XP is tied to the first Computer it is
installed to.
It is also known as a one time use license
It becomes part of the computer so if you "demolish" your PC then you
basically destroy the license to use Windows XP too.

And just in case the subject of buying an OEM CD with a price of hardware
and thinking you can then move that hardware around or even the couple of
European countries where you can even buy an OEM CD without hardware.
None of this is relevant - when you install the product to the computer or
the computer that you first place the hardware in etc it becomes part of
that computer for licensing terms.

You will need to check the specific vendors OEM EULA but here is the
generic relevant sections


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 that
you comply with all terms and conditions of this EULA:

1.1 Installation and use. You may install, use, access,
display and run one 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 COA.

1.2 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 COMPUTER as a single integrated
product and may only be used with the COMPUTER.
If the SOFTWARE is not accompanied by 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 COMPUTER,
provided you retain no copies of the SOFTWARE.
If the SOFTWARE is an upgrade, any transfer
must also include all prior versions of the
SOFTWARE. This transfer must also include
the Certificate of Authenticity label. The transfer
may not be an indirect transfer, such as a consignment.
Prior to the transfer, the end user receiving the
Software must agree to all the EULA terms.


--

Regards,

Mike
--
Mike Brannigan [Microsoft]

This posting is provided "AS IS" with no warranties, and confers no
rights

Please note I cannot respond to e-mailed questions, please use these
newsgroups

"mrpsychology" wrote in message
...
What if the oem computer was taken apart and not used? Say, the
computer's motherboard and cpu is taken out and the oem copy of windows
is no longer on that oem. Then the oem would not have the liscence
right? So then, you possibly could use the oem windows on anotehr
computer considering the oem had used different os if it was taken apart?
I had a hewlettpackard that is now demolished basically. The hardrive
is broke and does not have the oem version on it, and the motherboard and
cpu is being used with another operating system. So, hewlettpackards os
is not being used that was liscenced to me. Naturally, hewlett packard
sets up the windows cds in 9 cds and you cant take programs off of it.
In this scenario would it be legal to use the oem on another computer
considering the motherboard and cpu are on another computer using another
os and the hardrive does not have the copy of windows on it? In a
situation like that i was thinking i could get money back from hewlett
packard but they disagreed. Because i do understand an oem windows is
for that computer, but if you took the windows off the oem completely why
would it be wrong to use it on a homemade computer? The oem would still
be bound to ONE pc, just a different one and would not be on more than
one pc.
"Vagabond Software" wrote in message
...
"Carl G" cgerving@ecenetDOTcom wrote in message
...
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.
I want to install xp on my daughters pc now but in the near future she
wants
to build a new pc.
So can we transfer the oem copy to the new home built pc.She has home
built
pc now,wants a bigger one.
Thanks

--


It will be technically possible to install your OEM version of Windows XP
on your daughters next computer, but it is not permitted by the EULA. It
would be like continuing to use an unlicensed version of Winzip beyond
the trial period or using the free edition of Avast Antivirus in a
corporate environment; possible, but not permissible.

However, the story is entirely different with your Upgrade version, which
is transferrable to the new machine.

carl





  #9  
Old February 14th 05, 12:25 PM
Alias
external usenet poster
 
Posts: n/a
Default OEM versus Upgrade


"Mike Brannigan [MSFT]" wrote

None of this is relevant - when you install the product to the computer or
the computer that you first place the hardware in etc it becomes part of
that computer for licensing terms.


Of course, MS doesn't really define what a new computer is. If I were the
OP, I would make sure that something, even a screw, came from the old
computer and I would call it upgrading and I could then legally use the OEM
I paid for and not have to enrich MS' coffers by buying the OS again to use
on ONE computer.
--
Alias

Use the Reply to Sender feature of your news reader program to email me.
Utiliza Responder al Remitente para mandarme un mail.


  #10  
Old February 14th 05, 03:39 PM
BBUNNY
external usenet poster
 
Posts: n/a
Default OEM versus Upgrade

Alias wrote:
"Mike Brannigan [MSFT]" wrote

None of this is relevant - when you install the product to the
computer or the computer that you first place the hardware in etc it
becomes part of that computer for licensing terms.


Of course, MS doesn't really define what a new computer is. If I were
the OP, I would make sure that something, even a screw, came from the
old computer and I would call it upgrading and I could then legally use
the OEM I paid for and not have to enrich MS' coffers by buying the OS
again to use on ONE computer.


That is the way that the EULA reads. _Hardware_


  #11  
Old February 14th 05, 12:32 PM
kurttrail
external usenet poster
 
Posts: n/a
Default OEM versus Upgrade

Mike Brannigan [MSFT] wrote:
"mrpsychology" wrote in message
...
What if the oem computer was taken apart and not used? Say, the
computer's motherboard and cpu is taken out and the oem copy of
windows is no longer on that oem. Then the oem would not have the
liscence right? So then, you possibly could use the oem windows on
anotehr computer considering the oem had used different os if it was
taken apart? I had a hewlettpackard that is now demolished
basically.


snipping the rest

The OEM install of Windows XP is tied to the first Computer it is
installed to.
It is also known as a one time use license
It becomes part of the computer so if you "demolish" your PC then you
basically destroy the license to use Windows XP too.

And just in case the subject of buying an OEM CD with a price of
hardware and thinking you can then move that hardware around or even
the couple of European countries where you can even buy an OEM CD
without hardware. None of this is relevant - when you install the
product to the
computer or the computer that you first place the hardware in etc it
becomes part of that computer for licensing terms.

You will need to check the specific vendors OEM EULA but here is the
generic relevant sections


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 that
you comply with all terms and conditions of this EULA:

1.1 Installation and use. You may install, use, access,
display and run one 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 COA.

1.2 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 COMPUTER as a single integrated
product and may only be used with the COMPUTER.
If the SOFTWARE is not accompanied by 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 COMPUTER,
provided you retain no copies of the SOFTWARE.
If the SOFTWARE is an upgrade, any transfer
must also include all prior versions of the
SOFTWARE. This transfer must also include
the Certificate of Authenticity label. The transfer
may not be an indirect transfer, such as a consignment.
Prior to the transfer, the end user receiving the
Software must agree to all the EULA terms.


That's the EULA of SP1 and later.

RTM's EULA states that the software is licensed with the HARDWARE.

So dig up those old RTM OEM CDs!

And let's not forget, According to Mike the temp license before
activation is only 30 days, and if you haven't activated by then, you
are screwed out of the software! Except MS has no idea, what hardware
your OEM software is running on, on when you installed it if you haven't
activated it, so in reality, MS is just making up more rules that it
cannot realistically enforce.

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


  #12  
Old February 14th 05, 10:11 PM
Opinicus
external usenet poster
 
Posts: n/a
Default OEM versus Upgrade

"Mike Brannigan [MSFT]"
wrote in message
The OEM install of Windows XP is tied to the first
Computer it is installed to.


Define "first Computer" please.

(I would have said "is installed on" but WTH...)

--
Bob
Kanyak's Doghouse
http://www.kanyak.com


  #13  
Old February 14th 05, 10:16 PM
Mike Brannigan [MSFT]
external usenet poster
 
Posts: n/a
Default OEM versus Upgrade

"Opinicus" wrote in message
...
"Mike Brannigan [MSFT]" wrote in message
The OEM install of Windows XP is tied to the first Computer it is
installed to.


Define "first Computer" please.

(I would have said "is installed on" but WTH...)


See section 1.2 of the OEM EULA for Windwos XP (at least it is that section
in the later versions).

--

Regards,

Mike
--
Mike Brannigan [Microsoft]

This posting is provided "AS IS" with no warranties, and confers no
rights

Please note I cannot respond to e-mailed questions, please use these
newsgroups

"Opinicus" wrote in message
...
"Mike Brannigan [MSFT]" wrote in message
The OEM install of Windows XP is tied to the first Computer it is
installed to.


Define "first Computer" please.

(I would have said "is installed on" but WTH...)

--
Bob
Kanyak's Doghouse
http://www.kanyak.com




  #14  
Old February 14th 05, 10:58 PM
mrpsychology
external usenet poster
 
Posts: n/a
Default OEM versus Upgrade

I have one computer lol never had more than one lol.
"Opinicus" wrote in message
...
"Mike Brannigan [MSFT]" wrote in message
The OEM install of Windows XP is tied to the first Computer it is
installed to.


Define "first Computer" please.

(I would have said "is installed on" but WTH...)

--
Bob
Kanyak's Doghouse
http://www.kanyak.com




  #15  
Old February 15th 05, 02:16 AM
Bruce Chambers
external usenet poster
 
Posts: n/a
Default OEM versus Upgrade

mrpsychology wrote:
What if the oem computer was taken apart and not used? Say, the computer's
motherboard and cpu is taken out and the oem copy of windows is no longer on
that oem. Then the oem would not have the liscence right? So then, you
possibly could use the oem windows on anotehr computer considering the oem
had used different os if it was taken apart?



No. An OEM license, once installed, is *not* transferable to any other
computer, ever, for whatever reason. You can remove or replace an OEM
license,but you cannot reuse it.





--

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
 




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