Microsoft can say whatever they want in the EULA that doesn't mean it legally enforceable. If I purchased the software, I purchased the software.
On Thu, 2003-06-12 at 19:14, Kevin Anderson wrote: > > http://www.microsoft.com/canada/licensing/refurbished.mspx > > Kev. > > > Refurbished and Used PCs > > After an OEM software program has been installed on a PC, the software > may not be installed on another PC. However, the entire PC may be > transferred to another end user along with the software license > rights. > > To put it simply, OEM software is "married" to the original computer > system on which it was installed. When transferring the PC to the new > end user the original software media, manuals (if applicable) and > Certificate of Authenticity (COA) must be included. It is also > advisable to include the original purchase invoice or receipt. The > original end user cannot keep any copies of the software. > > A refurbished PC is a computer system that has had substantial > hardware modifications and a new operating system license installed. > The original operating system software cannot be installed on another > computer system because the modifications have essentially created a > "new" PC. > > A used PC is a computer system that has had no hardware changes, or > limited hardware changes. The license for OEM software on a used PC > may be transferred provided everything that came with the original > license is also transferred to the new end user (including original > media, COA, manuals {if applicable}, and EULA.) > > Whether you are distributing a refurbished PC with a new license or a > used PC with the original OEM software license, you should include all > applicable materials to maintain proof of license rights (including > original software media, COA, manuals {if applicable}, and EULA.) > > What hardware modifications may be made before a PC is considered to > be "new" and a new operating system license is required? > The OEM operating system must remain with the device that retains the > motherboard. Other PC components (such as RAM and hard drive) may be > upgraded without requiring a new operating system license. The > operating system may be installed on a new/replacement hard drive as > long as the operating system is first removed from the old hard drive. > > The right to legally transfer OEM software with a used PC is derived > from the EULA. It is an end user right and must be transferred with > the original software media, COA, Media, and manuals (if any) and > EULA. The end user does not keep copies of the software. If the PC is > sold (i.e. transferred) to a system builder (with the original > software media, manuals {if applicable}, COA, and EULA), system > builders may redistribute them since the end-user transferability > right is perpetual. > > My business already has a computer system licensed with Microsoft OEM > software. Can the software license(s) be transferred from the old > computer system to a new computer system? > No. To put it simply, OEM software is "married" to the original > computer system on which it was installed. OEM software cannot be > installed on another computer system other than the one on which it > was originally installed, even if the original computer system is no > longer in use. This is true for all OEM software - operating systems > and applications. > > If my business wants to upgrade a PC with new hardware components, > when does a new operating system need to be acquired? When would the > PC be considered to be "new"? > In general, OEM software cannot be separated from the computer system > on which the software was originally installed. > > The OEM operating system must remain with the device that retains the > motherboard. Other PC components (such as RAM and hard drive) may be > upgraded without requiring a new operating system license. The > operating system may be installed on a new/replacement hard drive as > long as the operating system is first removed from the old hard drive. > > Scenario: A used computer is purchased that includes the original OEM > operating system that was installed (Windows 98). The COA label is > included and provided upon purchase, but the PC does not include media > or documentation. Is the software on the machine legally licensed? > If the PC manufacturer was a system builder, the original software > media should have been transferred with the used computer in order for > the new owner to be properly licensed. The Microsoft OEM System > Builder License Requires system builders to provide the end user with > a full version of the Windows operating system via a hologram CD which > is transferred to the end user at the time of sale. The hologram CD > acts as the System Builder recovery media. This not only streamlines > the distribution process, it also helps fight piracy. > > Larger OEMs, such as Compaq, have direct license agreements with > Microsoft. For PCs shipped after April 1, 2000, they do not have to > include software media with their PCs to the end user, though they may > choose to make recovery media for the purpose of distribution to end > users only. They are also required to bear the cost of replication, > and are responsible for any piracy that occurs as a result of > replication. The larger OEM may have offered a hard drive based > recovery solution, rather than distributing software media, which is > why the caller may not have any media. > > A suggestion would be to check with the PC manufacturer. If the PC > manufacturer distributed software media and manuals with that PC when > it was acquired by the original end user, then those materials need to > be included as part of the complete software package in order for the > owner of this used PC to be compliant. If the PC manufacturer was a > system builder-the hologram CD must be distributed with the PC; even > if a hard drive based recovery solution was also provided. Also, the > Windows desktop COA is now required by all OEMs/PC manufacturers to be > adhered to the PC chassis during the pre-installation process. > > Please note that end users are only licensed if they were granted a > legal license at the time the software was distributed to them. In > order to be sure that end users can establish a legal license, we > strongly recommend they keep the following: > > i. All software and applicable software components, including the > original software media and manual (if applicable), > ii. COA, > iii. EULA, and > iv. Proof of purchase. > > > Why should I acquire another operating system when there is one > already installed on the system of the used PC I have acquired? > It is not always necessary to acquire a new operating system. Please > check what kind of license is installed on the PC and read the EULA. > In regards to an OEM operating system software program, a new license > is not required unless the computer hardware has been changed so that > it would be considered to be a "new" PC. The operating system must > remain with the device that retains the motherboard. Other PC > components (such as RAM and hard drive) may be upgraded without > requiring a new operating system license. The operating system may be > installed on a new/replacement hard drive as long as the operating > system is first removed from the old hard drive. > > This document is for informational purposes only. MICROSOFT MAKES NO > WARRANTIES, EXPRESS OR IMPLIED, IN THIS DOCUMENT. > > © 2003 Microsoft Corporation. All rights reserved. > > Microsoft, Visio, Windows and Windows NT are either registered > trademarks or trademarks of Microsoft Corporation in the United States > and/or other countries. The names of actual companies and products > mentioned herein may be the trademarks of their respective owners. -- Mark Lane <[EMAIL PROTECTED]>
