According to the computing unit at UNSW:
All Microsoft Operating System licences, including upgrade licences, are
tied to the machine on which they are first installed and clients may
not transfer the operating system licences from the original machine to
a different machine.
The Microsoft definition of a machine is "a complete PC including a hard
drive. Note you wouldn't need a new licence if you only upgraded [the]
hard disk. If a major upgrade was undertaken, i.e., hard disk, CPU,
graphics, etc., then you'd need a new licence."
(end of quote)
Two clauses from the NT 4 Workstation EULA:
Single COMPUTER. The SOFTWARE PRODUCT is licensed with the
HARDWARE as a single integrated product. The SOFTWARE PRODUCT may only
be used with the HARDWARE as set forth in this EULA.
Software Product Transfer. You may permanently transfer all
of your rights under this EULA only as part of a permanent sale or
transfer of the HARDWARE, provided you retain no copies, you transfer
all of the SOFTWARE PRODUCT (including all component parts, the media
and printed materials, any upgrades, this EULA and, if applicable,
the Certificate(s) of Authenticity), and the recipient agrees to the
terms of this EULA. If the SOFTWARE PRODUCT is an upgrade, any
transfer must also include all prior versions of the SOFTWARE PRODUCT.
So, as far as I can tell, no you can't "legally" sell or give away the
windows "license" you have, unless you give or sell the computer that it
belongs on as well - and you can't get a new computer, wipe windows off
your old one, and reinstall it on the new one.
I think it stinks, but this is what everyone is agreeing to with
Windows.....
Regards, Rob.
I am no legal mind, but I think the M$ licence conditions may be
unenforceable in Aust. (Due to our (pathetic) consumer laws.)
The s/h market in Aust definitely splits the licence from the computer (as
in brokers etc) They then sell the licences, if they are not required for a
computer. (as some computers are scrapped for instance). Many of these
licences are unopened OEM packs. It would be impossible for M$ or their
cronies to prove in court that the licence was split from a particular
computer. However if the licence was sold with a Compaq for instance, it
would be easy to prove you are using it on a clone for instance. BUT, most
retail dealers (rightly or wrongly) will rebuild a system ('upgrade') and
re-install the software supplied with the original machine (even if it is a
'brand' name).
I suspect that a court would view this as reasonable use, particularly as so
much hardware fails catastrophically.
Anyway, who cares what M$ does with their licences? - run L$ & who GAF??
DougF.
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