To quote from the Microsoft OEM System Builder Website:

**********
Transferring Ownership
The end user license agreement (EULA) is granted to the end user by the
System Builder and relates to the license on the PC with which it was
originally distributed. Because the System Builder is required to
support the license on that original PC, a System Builder can not
support a license that has been moved from a PC they manufactured to one
that they did not. This is one of the key reasons why an OEM System
Builder license can’t be transferred. To put it simply, OEM software is
tied to the original computer system on which it was installed.
However, the entire PC may be transferred to another end user along with
the software license rights. 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.
**********

So, yes...if your computer that had the OEM version is destroyed, then
you do not have the right to install that OS on a new system.
Microsoft is clear that the OEM version(s) of XP are tied to the
motherboard.  If a motherboard is defective and replaced with an
identical motherboard under warranty, then no new OS license is
required.  If you put a different motherboard in, then a new license
*would* be required.
I would agree that this is harsh on Microsoft's part, but it IS what
they intended :(

Tony Mayer


Sven wrote:
> In actuality I cannot state whether it's correct or not. Based on the
> statements from the chat session in more than one instance, their
> conclusions appear to hinge on an "OEM EULA" which I haven't seen. The
> copies I have of the OEM XP Pro and Home Edition EULA contain no such
> statement. I will continue to look but so far I haven't found a copy online
> or anywhere else. I would appreciate more information on this if anyone
> knows where it can be found.
>
> In one instance of the chat it was stated, in part, "the OEM OS is tied to
> the motherboard. So, if the motherboard fails while under warranty the
> license remains intact". What happens if the motherboard fails after the
> warranty has expired? The implication is you must buy another license for
> Windows even if you aren't upgrading in any way. Would that not also mean
> that if your computer is destroyed somehow after the warranty has expired
> that you can't build a computer and install the operating system that you
> have a license for? That's not realistic and I don't think that is
> Microsoft's intent. But then again I'm not a Microsoft lawyer, and when
> attempting to interpret a Microsoft EULA you almost have to be.
>
> One statement in my initial reply needs correcting. "This means that Windows
> XP Pro would need to be uninstalled from the Compaq before installing it on
> the Acer" is incorrect. The operating system can be moved to a different
> computer before it's removed from the former.
>
> I based my recommendations on the information I have, primarily the EULA,
> and on the results of telephonic conversations with Microsoft personnel in
> the past for similar situations. The bottom line in most cases is they don't
> care as long as you're only using one license for one computer. It would be
> best to consult with Microsoft on a case by case basis to eliminate any
> doubts and unanswered questions.
>
> Sven Swanson, Sr.
>
> ----- Original Message -----
> From: "Tony Mayer" <[log in to unmask]>
> To: <[log in to unmask]>
> Sent: Sunday, August 21, 2005 10:42 AM
> Subject: Re: [PCBUILD] Replacing Win XP Home on new computer with Win XP Pro
> pre-installed on old computer
>
>
> Unfortunately, if the OS was installed by the builder (an OEM
> installation) then this is not correct.  OEM installations are tied to
> the specific motherboard that it's installed on.  It cannot be
> transferred to another motherboard.
> The following comes from a Microsoft System Builder Chat Session held on
> Feb. 22, 2005 (the full chat session can be found at
> http://www.microsoft.com/technet/community/chats/trans/sysbuild/05_0222_sb.mspx
> or http://tinyurl.com/aseca if that doesn't work for you) :
>
> **********
> JD - Microsoft (Expert):
> Q: Am I wrong or is there different wordage for the different types of
> license 's with say XP OS and MS Office,Then why does it say that that u
> can install OS on up to 2 systems for personal use in the License agreement?
> A: Each and every product we publish has its own EULA. Even different
> version of the same product may have different EULAs (for example, XP
> Pro SP1 and XP Pro SP2 are different; XP Pro OEM and XP Pro Retail also
> have different EULAs). The XP Pro OEM EULA states clearly that the
> product can only be installed on a single system and that it cannot be
> transfered off that system onto another system.
> **********
>
> Tony Mayer
>
> Sven wrote:
>
>>Hello Jeffrey,
>>
>>The operating system can be legitimately transferred to new hardware. The
>>End-User License Agreement (EULA) defines hardware as a single computer
>>system, or the computer system with which the hardware operates if the
>>hardware is a system component. This is assuming you comply with the other
>>terms of the EULA, primarily that of having it installed on only one
>>system
>>at any given time. This means that Windows XP Pro would need to be
>>uninstalled from the Compaq before installing it on the Acer. You could,
>>in
>>turn, reinstall XP Home on the Compaq.

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