My pc mother board has died - Install xp oem

CRaven wrote:

Carey - I think we should give up - they are clearly lost casues whom
condone piracy;

ROFL! Prove it is piracy! Show one case where ANYONE was found guilty
of piracy for replacing their motherboard!

I am sure that they would also consider it legal to
make copies of dvd's becasue they can buy blank disks!

I have emailed Microsoft Partner Support to ask that they make the faq
available at
http://oem.microsoft.com/script/cont...ID=552846#faq3

Yep, that is password-protected and I never agreed to follow what I
don't have a password to see.

available via the url that you posted earlier in another reply and
asked them to arrange an explanation as to why when you install OEM
software you accept the SB license too.

I have also suggested that they do away with the myth of generic OEM
disks v branded oem disks and advised them of how people like alias
are using the so called descritpors to advise people to breach the
licesning of their software.

Regards,

CRaven
Microsoft Certified Technology Specialist
Microsoft Licensing Sales Specialist
Microsoft Small Business Specialist
Microsoft Butt Kisser Specialist

Here is the most recent SBL, and as anyone can read for themselves, it
says NOTHING about replacing the motherboard invalidates the license:

MICROSOFT® OEM SYSTEM BUILDER LICENSE
(Visit www.microsoft.com/oem for additional OEM system builder
information)
1. AUTHORIZED DISTRIBUTION AND ACCEPTANCE. Distribution of individual
software licenses or hardware units contained in this Microsoft System
Builder Pack ("package") is not authorized unless you accept this
license. You accept this license when you open this package. By
accepting this license, you agree that you are a system builder. If you
do not open this package, you may distribute it to another system
builder. "System builder" means an original equipment manufacturer, or
an assembler, reassembler, or installer of software on computer systems.
If you choose not to accept this license, promptly return the unopened
package to your distributor. Individual software licenses or hardware
units cannot be returned after this package is opened.
2. PARTIES. This license is granted to you by Microsoft Licensing, GP
("MLGP"), a Nevada corporation, unless you are located in Europe,
Africa, or the Middle East (for a complete list of countries, consult
www.microsoft.com/oem/sblicense), in which case this license is granted
by Microsoft Ireland Operations Limited. ("MIOL"), an Irish company. The
terms "we," "our," or "Microsoft" are used below to mean either MLGP or
MIOL, as appropriate.
3. LIMITED LICENSE.
3.1 This is a limited license to distribute the individual software
licenses or hardware units contained inside this package. "Individual
software license" means any individual software license that comes
inside this package, including software media, documentation,
certificates of authenticity, end-user license agreements, and security
devices. "Hardware unit" means any hardware that comes in this package,
including any hardwarerelated software and user documentation.
3.2 You may only distribute this package, individual software licenses
and hardware units within the territory described at
http://microsoft.com/oem/sblicense/territory. You acknowledge and agree
that you will not export this package to locations outside of this
territory.
4. SOFTWARE DISTRIBUTION.
4.1 We grant you a nonexclusive right to distribute an individual
software license only with a fully assembled computer system. A "fully
assembled computer system" means a computer system consisting of at
least a central processing unit, a motherboard, a hard drive, a power
supply, and a case.
4.2 Each individual software license must be distributed pursuant to the
end-user license agreement ("EULA") that accompanies the individual
software license. Under the terms of the EULA, you are the licensor.
5. HARDWARE DISTRIBUTION. If this package contains hardware units, we
grant you a nonexclusive right to distribute each hardware unit only
with either (a) a fully assembled computer system or (b) other
non-Microsoft computer hardware component. If you distribute a hardware
unit with a fully assembled computer system, you must preinstall the
associated software drivers and programs supplied in this package, if
any, on the fully assembled computer system's hard drive. Neither
Microsoft, its affiliates, nor its distributors or suppliers makes any
warranty regarding compliance of the hardware units with any federal,
state, provincial, or local laws or regulations, or the laws or
regulations of any non-U.S. jurisdiction, relating to computing devices
or items sold to the public. You have the sole responsibility to
assemble, test, and certify the hardware units in conjunction with other
equipment that you manufacture, distribute, or sell.
6. PREINSTALLATION REQUIREMENT. When you distribute an individual
software license for a desktop operating system or application software,
you must preinstall it on the fully assembled computer system's hard
drive using the OEM Preinstallation Kit ("OPK") provided in this package
or otherwise made available by us. This preinstallation requirement does
not apply to server software. For a list of available OPKs, information
about using OEM preinstallation tools, OPK support and how to obtain
OPKs, see www.microsoft.com/oem/sblicense/OPK. Preinstallation is
limited to one copy of each individual software license. You may not
copy or modify the OPK or OPK instructions. You may not distribute the
OPK or OPK instructions to an end user.
7. CERTIFICATE OF AUTHENTICITY (COA) LABEL/PROOF OF LICENSE (POL) LABEL.
If the individual software license includes a COA or POL label, the
system builder who installs the individual software license must attach
the COA or POL label, as applicable, to the outside of the fully
assembled computer system case in an easily accessible location.
8. END-USER SUPPORT. The system builder who installs the individual
software license and distributes hardware units must provide end-user
support on terms at least as favorable as the terms under which the
system builder provides end-user support for any fully assembled
computer system. The system builder must place its support phone number
in a noticeable location in the fully assembled computer system help
files or end-user documentation.
9. DISCLAIMER OF ALL WARRANTIES. Unless mandatory under applicable law
despite this provision, Microsoft, its affiliates, and their
distributors (and their suppliers) disclaim and exclude all warranties,
conditions, and representations (express or implied, by statute or
otherwise) in relation to the individual software licenses and hardware
units, including without limitation, warranties and conditions of title,
merchantability, satisfactory quality, noninfringement, fitness for a
particular purpose or any implied warranty or condition arising from
course of dealing or usage of trade.
10. LIMITATION OF LIABILITY. You agree that Microsoft, its affiliates,
and their distributors (and their suppliers) will not be liable for any
damages (including any caused by negligence) related to this license or
any transaction contemplated herein, including for any consequential,
incidental, indirect, economic, or punitive damages even if Microsoft,
its affiliates, distributors (or their suppliers) have been advised of
the possibility of such damages. You acknowledge and agree that this
limitation of liability shall apply even if any remedies fail of their
essential purpose. Your and our total liability for direct damages
related to this license or any transaction contemplated herein will be
limited to 100% of the amount actually paid by you for this package.
11. TRADEMARK RIGHTS. You agree to comply with all trademark guidelines
found at http://www.microsoft.com/mscorp/ip/t...s/oemguide.asp.
12. EXPORT RESTRICTIONS. You acknowledge that the individual software
licenses and hardware units are subject to U.S. export jurisdiction. You
agree to comply with all applicable international and national laws that
apply to the individual software licenses and hardware units, including
the U.S. Export Administration Regulations, as well as end-user,
end-use, and destination restrictions issued by the U.S. and other
governments. For additional information, see
www.microsoft.com/exporting.
13. LICENSE COMPLIANCE. You must not engage or participate with any
third party in the unauthorized manufacture, duplication, delivery,
transfer or use of counterfeit, pirated, or illegal software and you
must not otherwise infringe any of our other intellectual property
rights.
14. ACTIVATION. Under the terms of the EULA, use of the individual
software license will be limited to the first (a) 30 days after the end
user launches Microsoft Windows XP or Windows Server 2003 software or
(b) 50 times the end user launches Microsoft Office software; unless
either (i) the system builder activates the software in the manner
described in its setup sequence or (ii) the end user activates the
software in the manner described during its launch. You must provide the
following or substantially similar notice in a clear and conspicuous
manner to end users before their purchase of the software (e.g., in
advertisements, packaging or point of purchase materials): Certain
Microsoft software product(s) included with this computer may use
technological measures for copy protection. In such event, you will not
be able to use the product if you do not fully comply with the product
activation procedures. Product activation procedures and Microsoft's
privacy policy will be detailed during initial launch of the product, or
upon certain reinstallations of the software product(s) or
reconfigurations of this computer, and may be completed by Internet or
telephone (toll charges may apply).
15. MISCELLANEOUS.
15.1 You must not advertise, provide a separate price for, or otherwise
market or distribute individual software licenses, or any part of them,
as separate items from the fully assembled computer system as
applicable; except to the extent necessary to advertise, set a price or
fee, or otherwise market or distribute Microsoft software that you are
expressly authorized by Microsoft to market or distribute as separate
items from the fully assembled computer system as applicable. Except as
granted in this license, you may not use, run, distribute, copy, modify,
display, repackage, or reassemble any individual software licenses or
hardware units, or any part of them.
15.2 You are solely responsible for all applicable taxes, fees, duties,
and tariffs that may be levied in connection with this license and the
ordering and distributing of software and hardware under this license.
15.3 You may not reverse engineer, decompile, or disassemble any
individual software license or hardware unit except and only to the
extent that it is expressly permitted by applicable law notwithstanding
this provision. All rights not expressly granted are reserved.
15.4 If a court holds any provision of this license to be illegal,
invalid, or unenforceable, the remaining provisions will remain in full
force and effect and the parties will amend the agreement to give effect
to the stricken clause
to the maximum extent possible.
15.5 If the contracting party to this license is MLGP, the laws of the
State of Washington, U.S.A. govern this license. If the contracting
party to this license is MIOL, the laws of Ireland govern this license.
15.6 Nothing in this license restricts you from supporting, promoting,
distributing, or using non-Microsoft software or hardware.
15.7 Microsoft may assign this license at any time to an affiliated
company.
15.8 This license does not create a "technology transfer" agreement, as
defined by applicable law because (a) the technology (including any
software) made available under this license is not an integrated part of
a technology chain for production or management purposes and (b) the
technology (including any software) will have its own technology
license. You will not hold yourself out as our technology recipient and
will not attempt to identify us as a technology provider under this
license.


The only place the SBL mentions the motherboard at all it defines what a
fully assembled computer system is! "A "fully assembled computer
system" means a computer system consisting of at least a central
processing unit, a motherboard, a hard drive, a power supply, and a
case." So you see, the motherboad is only one of many components that
make up a "fully assembled computer system." The SBL does not define
the computer as the motherboard alone!


I won't even bother to quote the OEM EULA, as it doesn't even mention
the word "motherboard" even once.

But if you have a OEM version of Windows XP, see for yourself, by going
to Start Run type: eula.txt and then click OK.

--
Peace!
Kurt Kirsch
Self-anointed Moderator
http://microscum.com
"It'll soon shake your Windows
And rattle your walls
For the times they are a-changin'."

CRaven wrote:

Since you are all discussing Installing OEM software - and have all
given the impression that you have installed OEM software - you are
entitled to register at oem.microsoft.com

LOL! Don't what to be registered with MS. Registration is NOT
required.

The page that provides you with the information which confirms both My
ansewers and careys is :
http://oem.microsoft.com/script/cont...ID=552846#faq3

Password protected. And never agreed to.


Alias - Check what you are talking about befor you make arsumptions

I know what I've agreed to, and none of it says that changing the
motherboard invalidates the license.

--
Peace!
Kurt Kirsch
Self-anointed Moderator
http://microscum.com
"It'll soon shake your Windows
And rattle your walls
For the times they are a-changin'."

kurttrail wrote:
CRaven wrote:

Since you are all discussing Installing OEM software - and have all
given the impression that you have installed OEM software - you are
entitled to register at oem.microsoft.com

LOL! Don't what to be registered with MS. Registration is NOT
required.

The page that provides you with the information which confirms both My
ansewers and careys is :
http://oem.microsoft.com/script/cont...ID=552846#faq3

Password protected. And never agreed to.

Alias - Check what you are talking about befor you make arsumptions

I know what I've agreed to, and none of it says that changing the
motherboard invalidates the license.


Actual proof: I recently replaced a faulty motherboard on one of my
computers and I clean installed XP Home Spanish. It activated online and
passed all the WGAs. Not only that, added an nVidia 256 video card,
512MB of RAM and a Crative Audigy sound card. As both motherboards had
the NIC on board, I also replaced that.

Alias

CRaven wrote:
Carey - I think we should give up - they are clearly lost casues whom
condone piracy; I am sure that they would also consider it legal to
make copies of dvd's becasue they can buy blank disks!

What has piracy got to do with it?
This new policy does not affect anyone who has the old EULA as they have not
been given an opportunity to agree to it.

Beck wrote:
CRaven wrote:
Carey - I think we should give up - they are clearly lost casues whom
condone piracy; I am sure that they would also consider it legal to
make copies of dvd's becasue they can buy blank disks!

What has piracy got to do with it?
This new policy does not affect anyone who has the old EULA as they have not
been given an opportunity to agree to it.



What new policy?

Alias

Alias wrote:
Beck wrote:
CRaven wrote:
Carey - I think we should give up - they are clearly lost casues
whom condone piracy; I am sure that they would also consider it
legal to make copies of dvd's becasue they can buy blank disks!

What has piracy got to do with it?
This new policy does not affect anyone who has the old EULA as they
have not been given an opportunity to agree to it.



What new policy?

Microsofts new change of the EULA. According to them, a motherboard
constitutes a new pc. This change was made recently (website reports go
back to mid-february). MS sent out a memo to partners to inform them of the
change.
http://tinyurl.com/bxsqu

Carey is not being an arse about this, it seems it is true and it is MS who
are being the arse.

However as I said in previous posts (2 of them from yesterday have not shown
up for some reason) this will not affect those who have the old EULA. It
would never stand up in court as its not what they agreed to when they
installed the OS.
I only bought my XP this week and its not in my EULA so obviously I
purchased older stock good for me :-)

Nope, would still be the same person, just like replacing the power
supply doesn't make it a new PC. Probably why the motherboard is the
determining piece. Try again.

Ghostrider wrote:


Bob I wrote:

Kidneys would be more like replacing memory chips. Try a better analogy.



Just for you, Bob, how about a heart-and-lung transplant.
Quality-of-life would be the benchmark. Would the person
still be the same?

Bob I wrote:
Nope, would still be the same person, just like replacing the power
supply doesn't make it a new PC. Probably why the motherboard is the
determining piece. Try again.

Carey said the MB is the "heart and soul". Of course, a soul cannot be
replaced, but heart transplants happen every day.

Alias

Ghostrider wrote:


Bob I wrote:

Kidneys would be more like replacing memory chips. Try a better analogy.



Just for you, Bob, how about a heart-and-lung transplant.
Quality-of-life would be the benchmark. Would the person
still be the same?

Beck wrote:
Alias wrote:
Beck wrote:
CRaven wrote:
Carey - I think we should give up - they are clearly lost casues
whom condone piracy; I am sure that they would also consider it
legal to make copies of dvd's becasue they can buy blank disks!
What has piracy got to do with it?
This new policy does not affect anyone who has the old EULA as they
have not been given an opportunity to agree to it.


What new policy?

Microsofts new change of the EULA. According to them, a motherboard
constitutes a new pc. This change was made recently (website reports go
back to mid-february). MS sent out a memo to partners to inform them of the
change.
http://tinyurl.com/bxsqu

Carey is not being an arse about this, it seems it is true and it is MS who
are being the arse.

However as I said in previous posts (2 of them from yesterday have not shown
up for some reason) this will not affect those who have the old EULA. It
would never stand up in court as its not what they agreed to when they
installed the OS.
I only bought my XP this week and its not in my EULA so obviously I
purchased older stock good for me :-)



That only applies to large OEMs like Dell. No mention if a client could
upgrade, only that the OEM can't upgraded for the client.

Alias

That's a shame. I can think of a few that would benefit from a soul
transplant G

--
Customers in the U.S. and Canada can receive technical support from
Microsoft Product Support Services at 1-866-PCSAFETY. There is no charge for
support calls that are associated with security updates
Larry Samuels Associate Expert
MS-MVP (2001-2005)
Unofficial FAQ for Windows Server 2003 at
http://pelos.us/SERVER.htm
Expert Zone- www.microsoft.com/windowsxp/expertzone
"Alias" wrote in message
...
Bob I wrote:
Nope, would still be the same person, just like replacing the power
supply doesn't make it a new PC. Probably why the motherboard is the
determining piece. Try again.

Carey said the MB is the "heart and soul". Of course, a soul cannot be
replaced, but heart transplants happen every day.

Alias

Ghostrider wrote:


Bob I wrote:

Kidneys would be more like replacing memory chips. Try a better
analogy.



Just for you, Bob, how about a heart-and-lung transplant.
Quality-of-life would be the benchmark. Would the person
still be the same?

Alias wrote:
Beck wrote:
Alias wrote:
Beck wrote:
CRaven wrote:
Carey - I think we should give up - they are clearly lost casues
whom condone piracy; I am sure that they would also consider it
legal to make copies of dvd's becasue they can buy blank disks!
What has piracy got to do with it?
This new policy does not affect anyone who has the old EULA as they
have not been given an opportunity to agree to it.


What new policy?

Microsofts new change of the EULA. According to them, a motherboard
constitutes a new pc. This change was made recently (website
reports go back to mid-february). MS sent out a memo to partners to
inform them of the change.
http://tinyurl.com/bxsqu

Carey is not being an arse about this, it seems it is true and it is
MS who are being the arse.

However as I said in previous posts (2 of them from yesterday have
not shown up for some reason) this will not affect those who have
the old EULA. It would never stand up in court as its not what they
agreed to when they installed the OS.
I only bought my XP this week and its not in my EULA so obviously I
purchased older stock good for me :-)



That only applies to large OEMs like Dell. No mention if a client
could upgrade, only that the OEM can't upgraded for the client.

Oh I don't know, I am so bloody confused by all this.

"Carey Frisch [MVP]" wrote in
:

If the motherboard dies, then in order to use the same
OEM Windows XP license, a new motherboard can
be used as long as the new motherboard is an exact
duplicate model of the original motherboard. If a
different model motherboard is installed, than a
new Windows XP license would be required.


Not quite. If a motherboard dies, a new motherboard supplied by the
original manufacturer can be used. If I'm the manufacturer, I can use any
motherboard I please. If my Dell computer's motherboard dies, Dell may
replace it with whatever they want to fullfill their warranty obligation.
If it happens to be a different MB, the license is still valid.

Beck wrote:
Alias wrote:
Beck wrote:
CRaven wrote:
Carey - I think we should give up - they are clearly lost casues
whom condone piracy; I am sure that they would also consider it
legal to make copies of dvd's becasue they can buy blank disks!

What has piracy got to do with it?
This new policy does not affect anyone who has the old EULA as they
have not been given an opportunity to agree to it.



What new policy?

Microsofts new change of the EULA. According to them, a motherboard
constitutes a new pc. This change was made recently (website reports
go back to mid-february). MS sent out a memo to partners to inform
them of the change.
http://tinyurl.com/bxsqu

Carey is not being an arse about this, it seems it is true and it is
MS who are being the arse.

However as I said in previous posts (2 of them from yesterday have
not shown up for some reason) this will not affect those who have the
old EULA. It would never stand up in court as its not what they
agreed to when they installed the OS.
I only bought my XP this week and its not in my EULA so obviously I
purchased older stock good for me :-)

The bottom line is that it is sad that finally the 'Industries' get to make
the rules/laws(?) and try to force this on the bottom of the food chain(EU).
Trying to change the rules in the middle of all of the is outrageous. People
must start using common sence at the grass routes. If this practice had been
allowed to flourish years ago then there would never have been legal VCRs.
The 'Industries' claimed foul trying to prove it would bring them down which
never even came close. If and when the feds come a knockin' we will be in a
police state where ambiguity is the order of the day. This and all the other
threads about this subject prove the ineptness and failure of the giants to
get their collective heads out of their own asses and clear it up once and
for all. Since when should such a common product available to anyone create
the need for lawyers to interpret its use. Who will be arresting the poor
and ignorant and at what cost and to whom but everyone.

Are all these posters so smart yet so weak?

You can learn all about Microsoft OEM licensing by visiting the
Microsoft OEM web site: http://www.microsoft.com/oem/english/default.mspx

--
Carey Frisch
Microsoft MVP
Windows - Shell/User
Microsoft Community Newsgroups
news://msnews.microsoft.com/

---------------------------------------------------------------------------*----------------

"Beck" wrote:

| Oh I don't know, I am so bloody confused by all this.

Carey Frisch [MVP] wrote:
You can learn all about Microsoft OEM licensing by visiting the
Microsoft OEM web site: http://www.microsoft.com/oem/english/default.mspx


We did that and commented. Can you?

Alias