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OEM versus Upgrade



 
 
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  #16  
Old February 13th 05, 10:10 PM
Tom
external usenet poster
 
Posts: n/a
Default OEM versus Upgrade


"Woody" wrote in message =
...
one can circumvent this obstacle by activating via telephone
and then lying to the telephone representative.

=20
you just finished telling the op how to get around activating an oem =

version
on a different computer and on an MS sponsered newsgroup , then you =

preach
integrity ? shame on you , how dare you preach integrity . if you had =

any
idea how dissappointed i am right now .
=20


LOL!
Ads
  #17  
Old February 13th 05, 10:22 PM
Tom
external usenet poster
 
Posts: n/a
Default OEM versus Upgrade


"Mike Brannigan [MSFT]" wrote in message =
...
"CWatters" wrote in message=20
...

I might be wrong but I believe the official view is no. Once an OEM =

copy=20
has
been activated on one PC you can't reactivate it on another.

However I believe you get 30 days to activate an installation so you =

could
always install it for 30 days and then move it to another PC. Just =

don't
activate it by accident when if prompts you.

=20
Activation is not related the use of the license in this case.
Once you install the OEM software to the PC it may not be moved to =

another=20
irrespective of if you activated it or not.


You're just towing the MS line IMHO, and not from any real knowledge of =
even what the non-US courts validated legality of the EULA means. One =
part of the EULA states,=20

"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)."

So, if they are "limited", then isn't the OEM scheme of first install =
being tied permanently to the first machine also limited to that it can =
be uninstalled prior to activation and used otherwise? Don't give an =
interpretation that limitation serves the company line, but rather a =
real view.
  #18  
Old February 13th 05, 10:54 PM
Mike Brannigan [MSFT]
external usenet poster
 
Posts: n/a
Default OEM versus Upgrade

"Mike Brannigan [MSFT]" wrote in message
...
"CWatters" wrote in message
...

I might be wrong but I believe the official view is no. Once an OEM copy
has
been activated on one PC you can't reactivate it on another.

However I believe you get 30 days to activate an installation so you
could
always install it for 30 days and then move it to another PC. Just don't
activate it by accident when if prompts you.


Activation is not related the use of the license in this case.
Once you install the OEM software to the PC it may not be moved to another
irrespective of if you activated it or not.


You're just towing the MS line IMHO, and not from any real knowledge
of even what the non-US courts validated legality of the EULA means.
One part of the EULA states,


"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)."

So, if they are "limited", then isn't the OEM scheme of first install
being tied permanently to the first machine also limited to that it can
be uninstalled prior to activation and used otherwise? Don't give an
interpretation that limitation serves the company line, but rather a real
view.



That is from section 1.3 Mandatory Activation.
It is just stating that the license to use the software as expressed under
the terms of the EULA is valid only up to 30 days or when you activate.
SO for the 30 days prior to actuating the product (if you wait till the end)
you are covered to use the software under the terms of the EULA - if you
have not activated at the end of the that period then your right to use the
software is expired (as the WPA will prevent the use of Windows until you do
activate), that is you have no right to use it at all.

The section about tying the software to the computer on install is covered
under those usage rights so no, you cannot move the software if you do not
active. What you get for not activating is no right to use the software at
all.

I suggest if you have deeper questions about the EULA you consult
professional legal counsel.
--

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

"Tom" wrote in message
...

"Mike Brannigan [MSFT]" wrote in message
...
"CWatters" wrote in message
...

I might be wrong but I believe the official view is no. Once an OEM copy
has
been activated on one PC you can't reactivate it on another.

However I believe you get 30 days to activate an installation so you
could
always install it for 30 days and then move it to another PC. Just don't
activate it by accident when if prompts you.


Activation is not related the use of the license in this case.
Once you install the OEM software to the PC it may not be moved to another
irrespective of if you activated it or not.


You're just towing the MS line IMHO, and not from any real knowledge of even
what the non-US courts validated legality of the EULA means. One part of the
EULA states,

"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)."

So, if they are "limited", then isn't the OEM scheme of first install being
tied permanently to the first machine also limited to that it can be
uninstalled prior to activation and used otherwise? Don't give an
interpretation that limitation serves the company line, but rather a real
view.


  #19  
Old February 13th 05, 11:00 PM
kurttrail
external usenet poster
 
Posts: n/a
Default OEM versus Upgrade

Mike Brannigan [MSFT] wrote:
"Mike Brannigan [MSFT]" wrote in
message ...
"CWatters" wrote in message
...

I might be wrong but I believe the official view is no. Once an OEM
copy has
been activated on one PC you can't reactivate it on another.

However I believe you get 30 days to activate an installation so you
could
always install it for 30 days and then move it to another PC. Just
don't activate it by accident when if prompts you.


Activation is not related the use of the license in this case.
Once you install the OEM software to the PC it may not be moved to
another irrespective of if you activated it or not.


You're just towing the MS line IMHO, and not from any real knowledge
of even what the non-US courts validated legality of the EULA means.
One part of the EULA states,


"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)."

So, if they are "limited", then isn't the OEM scheme of first install
being tied permanently to the first machine also limited to that it
can be uninstalled prior to activation and used otherwise? Don't
give an interpretation that limitation serves the company line, but
rather a real view.



That is from section 1.3 Mandatory Activation.
It is just stating that the license to use the software as expressed
under the terms of the EULA is valid only up to 30 days or when you
activate. SO for the 30 days prior to actuating the product (if you
wait till
the end) you are covered to use the software under the terms of the
EULA - if you have not activated at the end of the that period then
your right to use the software is expired (as the WPA will prevent
the use of Windows until you do activate), that is you have no right
to use it at all.
The section about tying the software to the computer on install is
covered under those usage rights so no, you cannot move the software
if you do not active. What you get for not activating is no right to
use the software at all.

I suggest if you have deeper questions about the EULA you consult
professional legal counsel.


Yeah, your EULA is contradictory! It's time for MS Legal to earn its
money!

--
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"


  #20  
Old February 13th 05, 11:09 PM
Mike Brannigan [MSFT]
external usenet poster
 
Posts: n/a
Default OEM versus Upgrade

"kurttrail" wrote in message
...


Yeah, your EULA is contradictory! It's time for MS Legal to earn its
money!


There are no contradictions in the EULA - would you like to highlight them ?

--

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

"kurttrail" wrote in message
...
Mike Brannigan [MSFT] wrote:
"Mike Brannigan [MSFT]" wrote in
message ...
"CWatters" wrote in message
...

I might be wrong but I believe the official view is no. Once an OEM
copy has
been activated on one PC you can't reactivate it on another.

However I believe you get 30 days to activate an installation so you
could
always install it for 30 days and then move it to another PC. Just
don't activate it by accident when if prompts you.


Activation is not related the use of the license in this case.
Once you install the OEM software to the PC it may not be moved to
another irrespective of if you activated it or not.


You're just towing the MS line IMHO, and not from any real knowledge
of even what the non-US courts validated legality of the EULA means.
One part of the EULA states,


"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)."

So, if they are "limited", then isn't the OEM scheme of first install
being tied permanently to the first machine also limited to that it
can be uninstalled prior to activation and used otherwise? Don't
give an interpretation that limitation serves the company line, but
rather a real view.



That is from section 1.3 Mandatory Activation.
It is just stating that the license to use the software as expressed
under the terms of the EULA is valid only up to 30 days or when you
activate. SO for the 30 days prior to actuating the product (if you wait
till
the end) you are covered to use the software under the terms of the
EULA - if you have not activated at the end of the that period then
your right to use the software is expired (as the WPA will prevent
the use of Windows until you do activate), that is you have no right
to use it at all.
The section about tying the software to the computer on install is
covered under those usage rights so no, you cannot move the software
if you do not active. What you get for not activating is no right to
use the software at all.

I suggest if you have deeper questions about the EULA you consult
professional legal counsel.


Yeah, your EULA is contradictory! It's time for MS Legal to earn its
money!

--
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"



  #21  
Old February 14th 05, 12:30 AM
Tom
external usenet poster
 
Posts: n/a
Default OEM versus Upgrade


"Mike Brannigan [MSFT]" wrote in message =
...
"Mike Brannigan [MSFT]" wrote in =

message=20
...
"CWatters" wrote in message
...

I might be wrong but I believe the official view is no. Once an OEM =

copy
has
been activated on one PC you can't reactivate it on another.

However I believe you get 30 days to activate an installation so you =


could
always install it for 30 days and then move it to another PC. Just =

don't
activate it by accident when if prompts you.


Activation is not related the use of the license in this case.
Once you install the OEM software to the PC it may not be moved to =

another
irrespective of if you activated it or not.

=20
You're just towing the MS line IMHO, and not from any real knowledge
of even what the non-US courts validated legality of the EULA means.
One part of the EULA states,

=20
"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)."
=20
So, if they are "limited", then isn't the OEM scheme of first install
being tied permanently to the first machine also limited to that it =

can
be uninstalled prior to activation and used otherwise? Don't give an
interpretation that limitation serves the company line, but rather a =

real=20
view.

=20
=20
That is from section 1.3 Mandatory Activation.
It is just stating that the license to use the software as expressed =

under=20
the terms of the EULA is valid only up to 30 days or when you =

activate.
SO for the 30 days prior to actuating the product (if you wait till =

the end)=20
you are covered to use the software under the terms of the EULA - if =

you=20
have not activated at the end of the that period then your right to =

use the=20
software is expired (as the WPA will prevent the use of Windows until =

you do=20
activate), that is you have no right to use it at all.


Those are your words, and again, this can be interpreted in the way I =
see it also, but MS won't take it to where it counts; the US court =
system. MS's legal dept (misnomer, since MS doesn't write local, state, =
or national laws, and I am thankful for that) is not the stop gap for =
intepretation, other than what MS wants it to mean for the theme du =
jour.

=20
The section about tying the software to the computer on install is =

covered=20
under those usage rights so no, you cannot move the software if you =

do not=20
active. What you get for not activating is no right to use the =

software at=20
all.
=20
I suggest if you have deeper questions about the EULA you consult=20
professional legal counsel.


No way, I propose that you don't make laws and legal contracts that are =
not enforceable due to crappily written and vaguely worded agreements, =
and that MS consult the actual legal system, AKA the US Court System for =
an interpretation.
  #22  
Old February 14th 05, 12:32 AM
kurttrail
external usenet poster
 
Posts: n/a
Default OEM versus Upgrade

Mike Brannigan [MSFT] wrote:
"kurttrail" wrote in
message ...


Yeah, your EULA is contradictory! It's time for MS Legal to earn its
money!


There are no contradictions in the EULA - would you like to highlight
them ?
--

Regards,

Mike

"kurttrail" wrote in
message ...
Mike Brannigan [MSFT] wrote:
"Mike Brannigan [MSFT]" wrote in
message ...
"CWatters" wrote in message
...

I might be wrong but I believe the official view is no. Once an
OEM copy has
been activated on one PC you can't reactivate it on another.

However I believe you get 30 days to activate an installation so
you could
always install it for 30 days and then move it to another PC. Just
don't activate it by accident when if prompts you.


Activation is not related the use of the license in this case.
Once you install the OEM software to the PC it may not be moved to
another irrespective of if you activated it or not.

You're just towing the MS line IMHO, and not from any real
knowledge of even what the non-US courts validated legality of the
EULA means. One part of the EULA states,

"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)."

So, if they are "limited", then isn't the OEM scheme of first
install being tied permanently to the first machine also limited
to that it can be uninstalled prior to activation and used
otherwise? Don't give an interpretation that limitation serves the
company line, but rather a real view.


That is from section 1.3 Mandatory Activation.
It is just stating that the license to use the software as expressed
under the terms of the EULA is valid only up to 30 days or when you
activate. SO for the 30 days prior to actuating the product (if you
wait till
the end) you are covered to use the software under the terms of the
EULA - if you have not activated at the end of the that period then
your right to use the software is expired (as the WPA will prevent
the use of Windows until you do activate), that is you have no right
to use it at all.
The section about tying the software to the computer on install is
covered under those usage rights so no, you cannot move the
software if you do not active. What you get for not activating is
no right to use the software at all.

I suggest if you have deeper questions about the EULA you consult
professional legal counsel.


Yeah, your EULA is contradictory! It's time for MS Legal to earn its
money!

--
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"


"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)."

Limited license right are granted for 30 days. Full License Rights only
happen after Activtion.

So the computer that the FULL OEM license should apply to is the First
Fully Licensed install.

The limited license ends at thirty days, are you saying that a person is
screwed out of Full License after that period if they don't activate?

--
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"


  #23  
Old February 14th 05, 09:03 AM
Mike Brannigan [MSFT]
external usenet poster
 
Posts: n/a
Default OEM versus Upgrade

"kurttrail" wrote in message
...


"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)."

Limited license right are granted for 30 days. Full License Rights only
happen after Activtion.

So the computer that the FULL OEM license should apply to is the First
Fully Licensed install.

The limited license ends at thirty days, are you saying that a person is
screwed out of Full License after that period if they don't activate?



Kurt it is not a case of "limited rights" the text clear states that the
rights (as expressed in the EULA == the license to use the software under
those terms) are limited to the first 30 days unless you activate.
As I said, you are therefore covered by the license which gives you the
right to use the software under the under its terms for 30 days, after which
time you must have activate to continue to use the software under those
terms or you right to use the software is no more.

--

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


  #24  
Old February 14th 05, 10:51 AM
kurttrail
external usenet poster
 
Posts: n/a
Default OEM versus Upgrade

Mike Brannigan [MSFT] wrote:
"kurttrail" wrote in
message ...


"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)."

Limited license right are granted for 30 days. Full License Rights
only happen after Activtion.

So the computer that the FULL OEM license should apply to is the
First Fully Licensed install.

The limited license ends at thirty days, are you saying that a
person is screwed out of Full License after that period if they
don't activate?



Kurt it is not a case of "limited rights" the text clear states that
the rights (as expressed in the EULA == the license to use the
software under those terms) are limited to the first 30 days unless
you activate. As I said, you are therefore covered by the license
which gives you
the right to use the software under the under its terms for 30 days,
after which time you must have activate to continue to use the
software under those terms or you right to use the software is no
more.


So you really are saying that a person is screwed out of their software
if they don't activate in 30 days! LOL!

Yet another BS EULA term that ya'll have no business knowing and
wouldn't hold up in court even it ya'll did!

--
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"


  #25  
Old February 14th 05, 11:02 AM
Mike Brannigan [MSFT]
external usenet poster
 
Posts: n/a
Default OEM versus Upgrade

"kurttrail" wrote in message
...

So you really are saying that a person is screwed out of their software if
they don't activate in 30 days! LOL!

Yet another BS EULA term that ya'll have no business knowing and wouldn't
hold up in court even it ya'll did!


I and the EULA are saying that the product has mandatory activation and that
if you do not activate the software within 30 days you may not use it. Which
WPA enforces anyway.

I realise the remained of this discussion with you is redundant as we have
been through this so many times before - but you are not being screwed out
of your software - you do not own it; it is licensed for your use under
certain terms (the EULA) if you do not agree with or cannot comply with
those terms then do not use the software and follow the instructions on the
EULA are regards returns etc.


--

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

"kurttrail" wrote in message
...
Mike Brannigan [MSFT] wrote:
"kurttrail" wrote in
message ...


"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)."

Limited license right are granted for 30 days. Full License Rights
only happen after Activtion.

So the computer that the FULL OEM license should apply to is the
First Fully Licensed install.

The limited license ends at thirty days, are you saying that a
person is screwed out of Full License after that period if they
don't activate?



Kurt it is not a case of "limited rights" the text clear states that
the rights (as expressed in the EULA == the license to use the
software under those terms) are limited to the first 30 days unless
you activate. As I said, you are therefore covered by the license which
gives you
the right to use the software under the under its terms for 30 days,
after which time you must have activate to continue to use the
software under those terms or you right to use the software is no
more.


So you really are saying that a person is screwed out of their software if
they don't activate in 30 days! LOL!

Yet another BS EULA term that ya'll have no business knowing and wouldn't
hold up in court even it ya'll did!

--
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"



  #26  
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


  #27  
Old February 14th 05, 12:03 PM
mrpsychology
external usenet poster
 
Posts: n/a
Default OEM versus Upgrade

IF microsoft changed the eula, the people prior would not be forced to
change with it until they bought another liscence right? wouldtn that be
like a claus? And that would be violating a contract on microsoft's part?
so microsoft would only be able to get the new eula for the new liscenced
customers?
"kurttrail" wrote in message
...
Mike Brannigan [MSFT] wrote:
"CWatters" wrote in message
...

I might be wrong but I believe the official view is no. Once an OEM
copy has
been activated on one PC you can't reactivate it on another.

However I believe you get 30 days to activate an installation so you
could always install it for 30 days and then move it to another PC.
Just don't activate it by accident when if prompts you.


Activation is not related the use of the license in this case.
Once you install the OEM software to the PC it may not be moved to
another irrespective of if you activated it or not.


LOL! That's not in the EULA. Time to get MS Legal rewriting the EULA
again.

You guys added Activation, so no installation is truely completed into a
totally workable OS, until that install is ACTIVATED.

--
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"



  #28  
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



  #29  
Old February 14th 05, 12:16 PM
mrpsychology
external usenet poster
 
Posts: n/a
Default OEM versus Upgrade

That is always the huge point. If one of course does not own windows why is
it so expensive? How can something be so expensive that is liscenced?
Naturally, i understand i dont own the windows i have and is liscenced. How
many home users actually make their money back using their windows? And if
the person upgrades their pc hardware wise do they have to buy another
liscence? Even though they have the same computer just upgraded components?
This can bring worries as well, because Microsoft can 'plan obscelescence'
and force people to upgrade through their newer versions hence making it
very expensive for people that are not businesses and are not making any
money necessarily because they have windows. Picture it as a 'funnel
effect' the customer gets drained. I know when i bought my pc back when
that was what was on my mind. I guess that is why maybe oems are cost
effective in that way you dont have to lose the money you save building your
own liscencing a copy of windows. Other than that, it is more cost
effective to build your own, unless you are a student and can get a student
rate. And that is another, the daughter is a student, so if the computer
she is going to have, cant you buy an academic? Or does this only apply to
college academics? Now that poses another question, when the person is
graduated from school do they have to renew the liscence? lol. I do
understand academic version cant be used in corporate environments.
"Mike Brannigan [MSFT]" wrote in message
...
"kurttrail" wrote in message
...

So you really are saying that a person is screwed out of their software
if they don't activate in 30 days! LOL!

Yet another BS EULA term that ya'll have no business knowing and wouldn't
hold up in court even it ya'll did!


I and the EULA are saying that the product has mandatory activation and
that if you do not activate the software within 30 days you may not use
it. Which WPA enforces anyway.

I realise the remained of this discussion with you is redundant as we have
been through this so many times before - but you are not being screwed out
of your software - you do not own it; it is licensed for your use under
certain terms (the EULA) if you do not agree with or cannot comply with
those terms then do not use the software and follow the instructions on
the EULA are regards returns etc.


--

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

"kurttrail" wrote in message
...
Mike Brannigan [MSFT] wrote:
"kurttrail" wrote in
message ...


"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)."

Limited license right are granted for 30 days. Full License Rights
only happen after Activtion.

So the computer that the FULL OEM license should apply to is the
First Fully Licensed install.

The limited license ends at thirty days, are you saying that a
person is screwed out of Full License after that period if they
don't activate?


Kurt it is not a case of "limited rights" the text clear states that
the rights (as expressed in the EULA == the license to use the
software under those terms) are limited to the first 30 days unless
you activate. As I said, you are therefore covered by the license which
gives you
the right to use the software under the under its terms for 30 days,
after which time you must have activate to continue to use the
software under those terms or you right to use the software is no
more.


So you really are saying that a person is screwed out of their software
if they don't activate in 30 days! LOL!

Yet another BS EULA term that ya'll have no business knowing and wouldn't
hold up in court even it ya'll did!

--
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"





  #30  
Old February 14th 05, 12:17 PM
Mike Brannigan [MSFT]
external usenet poster
 
Posts: n/a
Default OEM versus Upgrade

"mrpsychology" wrote in message
...
IF microsoft changed the eula, the people prior would not be forced to
change with it until they bought another liscence right? wouldtn that be
like a claus? And that would be violating a contract on microsoft's part?
so microsoft would only be able to get the new eula for the new liscenced
customers?


We can and have amended the EULA in the past - it is often done with patches
or service packs, where we show you it as part of the install and you have
to agree to it to continue.
Obviously if you do not apply that patch or SP then you are still covered
under the terms of the current EULA.

--

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
...
IF microsoft changed the eula, the people prior would not be forced to
change with it until they bought another liscence right? wouldtn that be
like a claus? And that would be violating a contract on microsoft's part?
so microsoft would only be able to get the new eula for the new liscenced
customers?
"kurttrail" wrote in message
...
Mike Brannigan [MSFT] wrote:
"CWatters" wrote in message
...

I might be wrong but I believe the official view is no. Once an OEM
copy has
been activated on one PC you can't reactivate it on another.

However I believe you get 30 days to activate an installation so you
could always install it for 30 days and then move it to another PC.
Just don't activate it by accident when if prompts you.


Activation is not related the use of the license in this case.
Once you install the OEM software to the PC it may not be moved to
another irrespective of if you activated it or not.


LOL! That's not in the EULA. Time to get MS Legal rewriting the EULA
again.

You guys added Activation, so no installation is truely completed into a
totally workable OS, until that install is ACTIVATED.

--
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"





 




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