OEM versus Upgrade

Now, doesnt microsoft have academic pricing and as well people who work in
the field of education as well? Workign in Daycare would constitute
education working wouldnt it? Or nonprofit?
"Carl G" cgerving@ecenetDOTcom wrote in message
...
Hi again
We wnt to build a total new pc , but keep her old hard drives (2) ,that
way we don't have to worry about cleaning them out or distroying them.She
does a daycare buisness and keeps all her records on the pc,she has 2 hard
drives now, one with windows on and the other for storage,+ the my
documents folder.
Thanks

--
Carl G
"CWatters" 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

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.

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

"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.

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"

Mike Brannigan [MSFT] wrote:
"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.

LOL! Format disk with SP2, reinstall RTM, and you have to accept that
EULA.

The Software is licensed to the Hardware.

--
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"

Mike Brannigan [MSFT] wrote:
"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.

It doesn't stop you from reinstalling, so even if you guys wanted to
stop someone from using OEM software that wasn't activated before the 30
days were up, there is nothing that is gonna stop someone from using it,
and activating it on day 31, or day 100 . . . .


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.

OEM cannot be returned to MS, and software suppliers that sell OEM
software to End Users, won't take open software for returns.

--
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"

"Leythos" wrote

On Mon, 14 Feb 2005 07:23:04 -0500, mrpsychology wrote:

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.

It doesn't work that way - you used the License and that's the way it
works, once used it's not good for anyone/thing else.

And you don't consider that to be a rip off scam, you, who are soooooooooo
honest, moral and perfect???
--
Alias

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

"mrpsychology" wrote in message
...
Now, doesnt microsoft have academic pricing and as well people who work in
the field of education as well? Workign in Daycare would constitute
education working wouldnt it? Or nonprofit?

see
The Microsoft Open License Charity program allows eligible nonprofit
organizations to acquire multiple software licenses—rather than multiple
software packages—at reduced prices
http://www.microsoft.com/licensing/p...encharity.mspx

--

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
...
Now, doesnt microsoft have academic pricing and as well people who work in
the field of education as well? Workign in Daycare would constitute
education working wouldnt it? Or nonprofit?
"Carl G" cgerving@ecenetDOTcom wrote in message
...
Hi again
We wnt to build a total new pc , but keep her old hard drives (2) ,that
way we don't have to worry about cleaning them out or distroying them.She
does a daycare buisness and keeps all her records on the pc,she has 2
hard drives now, one with windows on and the other for storage,+ the my
documents folder.
Thanks

--
Carl G
"CWatters" 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

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.

Leythos wrote:
On Mon, 14 Feb 2005 14:00:02 +0100, Alias wrote:


"Leythos" wrote

On Mon, 14 Feb 2005 07:23:04 -0500, mrpsychology wrote:

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.

It doesn't work that way - you used the License and that's the way
it works, once used it's not good for anyone/thing else.

And you don't consider that to be a rip off scam, you, who are
soooooooooo honest, moral and perfect???

Alias, I didn't comment on anything except the Licensing issue. My
personal "Opinion" of what should be fair and not doesn't enter into a
factual discussion. I personally abide by all licenses, software or
otherwise.

There you go again, assuming the unsubstatiated licensing *CLAIMS* of
MS, or one of its employees, are actually factual!

Let's take SCO and IBM. SCO *CLAIMS* that IBM has violated the UNIX
license. Has IBM actually violated the license just because SCO
*CLAIMS* IBM violated the UNIX license? And if that is the case, then
why bother having the trial at all?

Let's see you avoid answering these questions yet again, Lamethos!

--
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"

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_

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.

If this is true, Microsoft is not enforcing the rule. From experience.

BBUNNY wrote:
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_

The RTM pre-SP1 version of OEM XP reads that way. MS changed it to
COMPUTER for SP1, because of all the sh*t it got in their public
newsgroups. And I was one of the most prolific sh*t-throwers!

Now, the way OEM XP SP1 and later EULAs read, it denies the reality
terms of sale for those that buy generic OEM XP with a hardware
component.

The idiots at MS Legal should be fired, as the EULA asks people to agree
to terms post-sale, that are in direct contradiction with the actual
terms of the sale at the time of the sale.

Even a business would stand a good chance of winning, if MS ever tried
to enforce their OEM 1st install Computer Only term by pursuing it in
court, that is if that business could afford the time and money to fight
MS!

--
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"

They will if they catch you, you can self-report yourself.
But the effort is aimed at companies, corporations and
schools that buy one copy of Windows and one copy of OFFICE
and load up 1,000 computers. They do find and fine those
offenders $100,000 or more.


--
The people think the Constitution protects their rights;
But government sees it as an obstacle to be overcome.


"BBUNNY" 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.
|
| If this is true, Microsoft is not enforcing the rule.
From experience.
|
|

BBUNNY wrote:
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.

If this is true, Microsoft is not enforcing the rule. From
experience.

That's because the can't. Even installing XP on 10 computers, MS can't
figure out that XP is installed on 10 computers through Product
Activation.

All PA tells MS is that XP is installed on substantially different
hardware, but it can't figure what hardware it's installed on. With PA,
MS relies on the idiot that tells them during Phone Activation that they
installed XP on more than one computer.

--
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"

Thanks for all the info guys

--
Carl G
"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