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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