Originally posted by: RebateMonger
There's NO question about how Microsoft now interprets its XP OEM EULA licensing terms. For several years now, Microsoft has interpreted it to mean that the MOTHERBOARD is the component that OEM XP is "married to".
Several years ago, Microsoft modified its rules about the purchase and use of OEM XP software. The OEM packaging is now sealed and has the sales terms on the outside of the packaging. The terms now allow OEM XP software to be purchased and used by ANYONE and no purchase of hardware is required to purchase the software. But as soon as the OEM software package is OPENED, it must be installed and tied to a complete system. Opened OEM XP software cannot be sold by itself. It must be sold as part of a complete system (which Microsoft defines as containing original motherboard).
I've attended several Microsoft OEM Licensing seminars, and Microsoft's interpretation is always the same.
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An example of how Microsoft interprets its XP OEM licensing terms.
"Since computer parts are easily added and removed, Microsoft had to decide what the core part that Defines the computer as a whole. (Meaning if that part was changed, a new computer would be created). Microsoft decided that the Motherboard was the most logical part.
Those two paragraphs come togeather to mean that if you have a computer with a OEM copy of Windows installed and the Motherboard is changed, then that OEM copy of Windows is no longer Licensed to run on that computer.
The only exception to this rule is if the Motherboard was changed out due to Warranty service. The motherboard must be changed out, usually by the manufacturer of the computer, for the same or equivalent model motherboard. Only in this exception, would the OEM Windows still be licensed to run on the computer even after the new Motherboard was installed.
If your situation does not qualify under the exception to the OEM Licensing Terms, then the OEM software that was installed on your friend's computer (before the motherboard change) is no longer licensed to run on the computer once the new motherboard is installed. In other words, the OEM's Licensing expired at the same time the Motherboard burnt out.
I have inclided links to the OEM End User Licensing Agreement (EULA) for both XP Home and Pro.
In both EULAs you can find the relevent information under section: "1. Grant of Licensce", see paragraph 2 that starts " Software as a Component of the Computer - Transfer..."
OEM EULA for XP Home: http://download.microsoft.com/...ments/UseTerms/Windows XP_Home Edition_English_c38be9c0-616c-4879-826a-9daf62123a7a.pdf
OEM EULA for XP Pro: http://download.microsoft.com/...ments/UseTerms/Windows XP_Professional_English_0983ff38-f3c7-4a61-b0e0-579b807a3e26.pdf"
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If you are a Microsoft OEM Partner, you should be able to access Microsoft's OEM pages discussing OEM licensing:
Microsoft OEM System Builder licensing FAQ
"Q. My customer bought a new PC and wants to move their OEM software from the old PC to the new one. Can't they do whatever they want with the software?
A. The OEM software is licensed with the computer system on which it was originally installed and is tied to that original machine. OEM licenses are single-use licenses that cannot be installed on more than one computer system even if the original machine is no longer in use. The end user license agreement (EULA) accepted by the customer before they use the software, states that the license may not be shared, transferred to or used concurrently on different computers. The System Builder is required to provide end-user support for the Windows license. 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 a fundamental reason why OEM System Builder licenses can't be transferred."
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Comment by RebateMonger:
I don't work for Microsoft, nor do I necessarily agree with all of Microsoft's rules. But an examination of Microsoft's public statements about licensing and discussions with MS' licensing people will show exactly what MS' OEM licensing policies are.