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How to legally use OEM Windows & Works Suite?

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Software is such a joke with their EULA's :roll:


I know of no other product that has such vague and confusing rules as to it use.


Just install the bloody OS and move on with your life.
 
Originally posted by: NightCrawler
Software is such a joke with their EULA's :roll:


I know of no other product that has such vague and confusing rules as to it use.


Just install the bloody OS and move on with your life.

Or not. I prefer my software EULA-free.
 
Originally posted by: drag
Originally posted by: NightCrawler
Software is such a joke with their EULA's :roll:


I know of no other product that has such vague and confusing rules as to it use.


Just install the bloody OS and move on with your life.

Or not. I prefer my software EULA-free.

Does EULA only cover the "I AGREE" page, or does it cover pretty much all licensing agreements? If it covers all, you have to agree to the license of the software, even if it is GPL, BSD, Apache, MIT, BEER-WARE, etc. 😉
 
I really doubt Microsoft is going to care to much about one user who isn't 100% complying to the EULA. So long as they are getting the money from you I bet they are happy.
 
Originally posted by: NightCrawler
I really doubt Microsoft is going to care to much about one user who isn't 100% complying to the EULA. So long as they are getting the money from you I bet they are happy.

You don't think they would make you buy a new copy if they could?
 
Originally posted by: n0cmonkey
Originally posted by: drag
Originally posted by: NightCrawler
Software is such a joke with their EULA's :roll:


I know of no other product that has such vague and confusing rules as to it use.


Just install the bloody OS and move on with your life.

Or not. I prefer my software EULA-free.

Does EULA only cover the "I AGREE" page, or does it cover pretty much all licensing agreements? If it covers all, you have to agree to the license of the software, even if it is GPL, BSD, Apache, MIT, BEER-WARE, etc. 😉

I suppose your right.

edit:

I really doubt Microsoft is going to care to much about one user who isn't 100% complying to the EULA. So long as they are getting the money from you I bet they are happy.

Ya your right, too. As long as you go along with the "spirit" of the agreement I am sure that MS will give cut you some slack. I understand that they are people too.

On the other hand they've gotten in trouble in the past in places like germany for violating their citizens legal protections thru some parts of liscencing agreements, which is why your going to see differences between what MS does here in the US vs what it does in Europe.

How are people suppose to determine what MS can and cannot do, or what sort of thing they just pull out of their butt for some specific legal case when you don't realy have access to the details of what your agreeing to when you agree to use their software?

Having a activation refused is sort of like being pulled over on a county road for going too fast and getting a 100 dollar fine, when the speed limit signs are spray painted black and taped underneath the signs is a folded peice of paper that says: "don't exceed the speed limit".
 
Some clarifications.

The EULA has nothing to do with your obligations as a reseller/system builder. The EULA governs the use of the software by the end-user (or the PUR if you are using volume licensing).

What you found is not a EULA... it's the System Builder Agreement. That is what the system builder agrees to do if they want to resell our product as a system builder, and they can view that on the OEM site listed below.

For the rules a reseller/system builder must follow, we have an entire website devoted to it. It wasn't too hard to find. Go to the page (http://oem.microsoft.com or http://www.microsoft.com/oem), on the left click on Licensing (I know, I know... we should have made the link say FluffyMonkeys just to make it harder!), then go to Licensing Overview.

The entire top half of the page is devoted to system builder licensing requirements, FAQs, general information, COA information, and licensing newsgroup links (including, yes, the agreement you linked to above).

Tough eh? Well under 10 minutes to find.

Do I find it disturbing that you could call Microsoft, ask a technical support engineer LICENSING questions and not get an official answer? Not at all. We have entire teams devoted to licensing... and those people don't resolve technical issues.

Do you call your ISP, push the button for tech support, and then bitch about billing and expect results?

As far as the ORIGINAL question goes, if you go into the FAQs on the incredibly complex-to-navigate site I listed earlier, there is an entire FAQ on the subject of replacement parts constituting a new computer.

For the browsing-impaired: http://oem.microsoft.com/script/contentpage.aspx?pageid=551163

FYI: His reasoning wasn't accurate, but the person you spoke with managed to give you a mostly correct answer. 🙂



And before you complain (again); YES you do have to sign in with a passport. The passport can be filled with crap information if you want... it doesn't matter. The site doesn't go out and confirm you have some kind of business license before it lets you in. They do it because the system builder team likes to have at least a rough estimate of how many people are interested in the program, and someone who takes the 2 minutes to fill out some passport information (real or not) to view the information is more likely to be a potential system builder than someone just browsing through (which is why they don't rely on just counting hits to a page). It dictates how much effort they put into improving it and making it better.
 
I tried to sign in thru passport, and that worked I now have a passport account, but the stupid thing still didn't let me register. So I gave up, otherwise I would of copied and pasted the information here instead of having another stupid link to that passport login.

I would of loved to provide that information for free on my own website so anybody curious don't have to forge identities in order to read them. Just because I that sort of nice guy. 😛

EULA does matter to me very much about it as a System Builder/reseller. You know why?

I want to be able to explain exactly to my customers what sort of bullshit they may have to put up with if they decide to upgrade their computer, what exactly they can upgrade and what sort of things they can expect. I don't want my only answer to be "Well you just call Microsoft and talk to them about it."

but that's beside the point.

The guy was asking about himself using the OEM software so the PDF was very relevent. That's as close as your going to get to a actual legal document.

If you can find me any thing more valid then let me know. I am not a lawyer but I am pretty sure that FAQ lists and calls to toll free phone numbers to constitute legal documents, except maybe in a small claims court.

I don't mind crappy website design so much, it's just silly, at least with your phone bill (something else that REALY pisses me off, much more then microsoft actually,) there is some real legal explinations to back up their BS, something you can dispute. And I've actually gotten money back from those bastards, too.

It's not a big deal anyways. It's Microsofts company and they can run it any way they want and that's pretty much fine with me, just as long as I don't have to deal with it.
 
I understand where you're coming from... I worked in licensing for a long time answering questions businesses (including businesses like Insight) had about licensing.

The System builder agreement is useless to an end-user, because all it does is cover the distribution requirements the OEM reseller has to follow. If the end-user managed to purchase the product (and has some form of proof of purchase to back that up) then they only have to worry about what is in the EULA (how many copies they can install, are they allowed to install it on their laptop, etc). Any violation of the system builder agreement would be on the head of the system builder, not the end-user.

If you think the layout is bad now, you should have seen the system builder site before they overhauled it... OMG it was horrible!

I browsed sites like that for 8 hours a day when I was in licensing, and I still had trouble finding information on their old site.
 
For their own use? No. Not via that program anyway.

One thing is that system builders by definition meet the requirements for the Microsoft Action Pack (MAP). The MAP is subscription software (renewed on a yearly basis) that is licensed for production use. It's like $299 a year for close to $25,000 worth of software you can use to run your business.

Most of them (that know about the MAP) use that. 🙂

- Microsoft Action Pack
 
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