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How to legally use OEM Windows & Works Suite?

imported_Phil

Diamond Member
I bought a pre-built PC a while ago, with XP Home preloaded on it, and a recovery CD. If I change the following items, am I still legally allowed to use the copy of XP that it came with?

Motherboard
Case
Extra HD
Graphics card

Sure, I'll run into some activation problems if I do, but is this legal?

Now, say it isn't- I can get XP Home OEM for £61 (Pro is £100) and Works Suite 2004 (excellent value considering it has Word, Money, Encarta etc) for £50.

What do I need to buy with those two to make it legal? IIRC, it has to be an item of hardware, so will an IDE cable suffice, or are the rules stricter than that?

Please note, I'm not looking for ways to circumnavigate OEM restrictions, merely what I need to do to keep this legal.

Thanks guys 🙂
 
As far as buying OEM software, you used to be able to buy a floppy drive and be legal. I was pointed to a link that had Windows XP OEM, a mouse, and a case fan all bundled together. So I'm guessing it doesn't take much.
 
Cheers n0c, that's good enough for me 🙂

You wouldn't happen to know about the issue of legality with my current situation, would you? Eg. using my OEM manufacturer-supplied copy of XP on an, essentially, new PC?
 
I heard somewere that a new motherboard = new computer in MS eyes. Although I can't be sure.

I suppose you'll find out when you try to activate it.

It's like what I read in a book once:

Grandfather's Ax

Grandfather bought a ax in his youth. Used it all his life.
Father got the ax when his father died. He used it all his life until the handle broke one winter while chopping firewood. He replaced the handle and used it for many more years till he finally gave it to his son.
Son used the ax for many years, eventually the metal head has worn down the point were he had to replace it with a new one.

Is it still grandfather's ax?
 
That's a very good point drag. I hadn't thought about it that way, merely that we would see it as the "spirit" of grandfather's axe, I guess.

However, a new motherboard should != new system, especially if the warranty engineer replaces the board as it's no longer available, with a different one. I'm assuming, of course, that this means that that person would have to call MS and reactivate too.

Hmm...
 
If you bought a Dell, the motherboard broke, and a different new Dell motherboard was installed, it shouldn't count as a new system, IMO. If you explain it, they might agree. If you went out and bought a new motherboard, that might be different.

Of course, I bet you could get away with just about anything if you got the right tech 😉
 
Considering that I am a tech, I probably could get away with anything 😉

Basically put, if I call head office and let them know that I changed a whole bunch of stuff with my own PC, they'd still honour the warranty, because I work for the company. However, I'm looking to leave, and I'd let to get things totally legal, which is why I'm looking at buying XP OEM.
 
Oh I thought your motherboard was replaced with a different 3rd party upgrade. If it's just for a Dell replacement for a malfunctioning board then I would be seriously pissed if they wouldn't let you activate.
 
It has been replaced, with a Leadtek, my choice. I had trouble activating it, and if I have to restore again, I'll have to go through the entire process with MS on the phone, sigh.
 
Heres what I found out by doing a quick snoop around MS's websites.

MS has 3 main liscencing scemes.

1. Retail.

This is the full version, the shrink-wrap in a box version for people seeking small amounts of liscences.

2. OEM and System Builder.

OEM liscence is for when you buy a computer that has the product pre-installed. System builder is what you buy when your building computers for others or you sell packaged with bare-bones systems to people.

Wonderfully vague. What constitutes a bare-bones system? Does a floppy drive constitute a starter kit? Or does it have to include the case the motherboard and the CPU? Or the moitherboard + cpu or case enough for a bare bones kit?

From MS "are you a system builder?"
You are if you build and sell new complete or bare-bones PCs or servers. And whether you build one system, or more than a hundred systems a month, Microsoft offers operating systems software and application software specifically for you to preinstall on the systems you build.


And the last liscencing version is Volume liscencing scemes.

I think that SystemBuilder and OEM are lumped together as one OEM version that you can buy discounted at most places.
 
Erk, that's still fairly confusing. I still have no idea what qualifies me to buy OEM. I've emailed the shop in question, no reply as of yet. Might even email MS and ask them 🙂
 
Aha! Found some info! 🙂

Individuals can qualify as "OEMs" too

Microsoft requires you to purchase "a non-peripheral hardware component", at the same time you buy Windows, to qualify as an OEM. That could be a hard drive, motherboard, CPU, memory, etc., but not a monitor, printer or scanner, etc. If you're building a computer, you'll no doubt need some of the qualifying items. You can buy your copy of OEM Windows at the same time as you buy one of them. I've only found the OEM version of Windows online, but I haven't looked very hard offline.

Naturally, there's a hitch or two. The OEM version will come in a brown box, not a green box. You'll get a useless booklet, not a book. You'll get no free support from Microsoft either. I've never needed telephone support from Microsoft anyway. You are limited to a "clean" install (start the install from scratch) The "quick install" option is not included in the OEM version. As a result, you can't keep your old settings if you ever want to reinstall. That could be frustrating for some people. However, "clean" install is almost always the best way to reinstall anyway. If you keep a record of your important settings, it isn't hard to get back where you were. You could keep a backup of your settings as a precaution -- but that's whole nother story. Be very careful that you don't throw away the Product Key if you buy the OEM version. It's attached to the plastic wrapper and may not look important.

Floppy drive or cable it is, then 😀
 
F-king bastard MS.

this is what I get when I try to find more details thru the FAQ from OEM liscencing from MS

A passport login.

Bastards... No I am not signing on as a "system builder" just to find out what sort of legal technicalities I need to deal with if I decide to become a system builder.

Apperntly the EULA agreement for the OEM/System builder stuff is only accessable AFTER you bought and paid for AND installed the software on your computer and are going thru the "click here to agree" BS.

I almost forgot why I hate microsoft. At least even with the linux insanity I don't have to buy anything in order to read the details of the GPL liscence. arghhh....

see here for more details

I suppose you can try here to find out the real answer, good luck

That's enough for me now. I think I need a drink.

here's the definitive answer for the motherboard, from MS technical support itself:
In general, OEM software may not be transferred from one system to another system. However, the computer system can certainly be updated with new components without the requirement of a new software license. The only exception to this is the motherboard. If the motherboard is replaced the computer system is deemed "new" and a new license would be required. Other PC components may be upgraded, including a hard drive. Though if the hard drive 3 is replaced/upgraded, the operating system must first be removed from the old hard drive. To restate: the operating system is "married" to the computer system on which it is originally installed.

edit:

found the EULA (as if anybody actually cares):
http://www.microsoft.com/oem/downloads/X0933534LBL.pdf
 
Originally posted by: drag

found the EULA (as if anybody actually cares):

http://www.microsoft.com/oem/downloads/X0933534LBL.pdf

Lol, thanks drag, that's a big help mate 🙂

I actually just reformatted using the recovery CD, and because I've been through this before, MS had authorised the change in hardware for me, because I played dumb last time ("Engineer bloke came and changed something big and covered in plastic & metal bits, and now it's telling me this...."). 😉

Suffice to say, it worked first time, without having to call MS again. Sweeeeeet 😀

Cheers anyway though! 😎
 
Just curious Drang, who'd you get that "official" answer from? No one in support can give you that answer (I just did a brown-bag session on licensing for support at our site... most don't know CRAP, let-alone have any authority when it comes to giving out 'official' licensing information).

Last time I spoke with the PM for OEM licensing, she wasn't even sure where the line would be drawn, heh.

As far as buying hardware with OEM, the key things you are looking for you would get from the OEM site (which you don't have to buy anything to get into, just log in with ANY passport account) are that the hardware has to be non-peripheral, and the hardware has to be "integral to the computer's use".

In addition, a bare-bones computer is also defined in the OEM licensing agreement (it lists the minimum components that must be included for something to be considered a pre-built machine)... it's nothing that is hidden from anyone.

Also, if you have questions about any licensing program, you can call the FREE licensing group at 800-426-9400. They will answer all your questions FOR FREE. That's what they do.

This ALSO includes information about becoming a reseller/system builder. The whining about the most basic things is incredible.
 
the motherboard stuff comes from here

No one in support can give you that answer (I just did a brown-bag session on licensing for support at our site... most don't know CRAP, let-alone have any authority when it comes to giving out 'official' licensing information).

Don't you find that very disturbing?

Why do I have to call and find out answers from people on the phone, who may or may not know the real answer?

Why can't MS just put the actual contractial agreement on their website were it outlines exactly were, when, and what is acceptable and non-acceptable and what critera they use to determine weither or not they will activate a product?

Seems like they are being delibertly vague on a lot of points.
 
Originally posted by: Sianath
This ALSO includes information about becoming a reseller/system builder. The whining about the most basic things is incredible.

Blah blah blah. Find the complete EULA for Windows 2003 server in under a minute. It's tough to find that information, even on Microsoft's site. Based on the search there, I hope they don't start a search engine.

The EULA should be handed out to everyone on street corners. It should be offered to you in an easily accessible area, and labeled well (the name of drag's pdf there is horrible and non-descriptive). This is not information that should be hidden.

I could go into the fact that there is an increadible amount of legalese that EVERYONE that uses the software NEEDS to contact a lawyer about (to explain it in a human language), but I'll try not to.
 
Originally posted by: drag
the motherboard stuff comes from here

No one in support can give you that answer (I just did a brown-bag session on licensing for support at our site... most don't know CRAP, let-alone have any authority when it comes to giving out 'official' licensing information).

Don't you find that very disturbing?

Why do I have to call and find out answers from people on the phone, who may or may not know the real answer?

Why can't MS just put the actual contractial agreement on their website were it outlines exactly were, when, and what is acceptable and non-acceptable and what critera they use to determine weither or not they will activate a product?

Seems like they are being delibertly vague on a lot of points.

Have you ever talked to a lawyer and walked away feeling good?
 
Originally posted by: n0cmonkey
Originally posted by: drag
the motherboard stuff comes from here

No one in support can give you that answer (I just did a brown-bag session on licensing for support at our site... most don't know CRAP, let-alone have any authority when it comes to giving out 'official' licensing information).

Don't you find that very disturbing?

Why do I have to call and find out answers from people on the phone, who may or may not know the real answer?

Why can't MS just put the actual contractial agreement on their website were it outlines exactly were, when, and what is acceptable and non-acceptable and what critera they use to determine weither or not they will activate a product?

Seems like they are being delibertly vague on a lot of points.

Have you ever talked to a lawyer and walked away feeling good?

Sometimes.. Yes. Most of the time no.


Edit:

Also if your curious I had to use google to find it using the "site:" feature.
search for:
OEM EULA site:www.microsoft.com
and pick "english only responses." The pdf is about the ninth pick down.

Thank god MS didn't buy out google
 
Originally posted by: drag
Originally posted by: n0cmonkey
Originally posted by: drag
the motherboard stuff comes from here

No one in support can give you that answer (I just did a brown-bag session on licensing for support at our site... most don't know CRAP, let-alone have any authority when it comes to giving out 'official' licensing information).

Don't you find that very disturbing?

Why do I have to call and find out answers from people on the phone, who may or may not know the real answer?

Why can't MS just put the actual contractial agreement on their website were it outlines exactly were, when, and what is acceptable and non-acceptable and what critera they use to determine weither or not they will activate a product?

Seems like they are being delibertly vague on a lot of points.

Have you ever talked to a lawyer and walked away feeling good?

Sometimes.. Yes. Most of the time no.

I've met one lawyer I didn't want dead. I love pissing off lawyers though. 😀

Edit:

Also if your curious I had to use google to find it using the "site:" feature.
search for:
OEM EULA site:www.microsoft.com
and pick "english only responses." The pdf is about the ninth pick down.

Thank god MS didn't buy out google

I managed to find it the last time I looked. Took me probably 10 minutes though.
 
Tch, I leave you lot alone with a warm thread for ten minutes, and look what happens. There'll be no cherry buns for your lot tonight, let me tell you! 😛 😉

Anyway. I agree with n0cmonkey about the EULA being FAR more visible to ANYONE who wants it, whenever. I don't want to have to dig through piles and piles of MS nonsense that's unrelated to my question before finding a randomely-named PDF file! Thankfully, in this case, it wasn't me, but you get my point 😉
 
shouldn't be much confusion as to what constitutes the requirements for purchasing windows xp with an oem license... most sites give you a disclaimer as to what hardware you need to purchase to obtain an oem licensed copy of windows xp... some sites let you "get away with" less requirements... other sites make you buy a complete barebone system... case, motherboard, cpu, and/or memory... depends on the vendor's interpretation of their oem license agreement with microsoft... shop around... you'd be suprised what vendors let you "get away with" just to make a sale...

for the record... i use an OEM copy of windows xp pro on this system... i bought it at my university for $6.00... it's an academic discount obviously... but it's distributed on an OEM basis... after I upgraded my motherboard... i had to activate this copy of xp over the phone... it takes no more than five minutes since they automated the activation process... so upgrading your system will cause your license code to be "used up" so you'll just have to call in to MS to activate your copy of xp... it's still understood under the OEM license that this copy is being used only on that one system... hardware upgrades won't void your license... just make it harder to activate your copy of xp...
 
Originally posted by: Dolemite76
shouldn't be much confusion as to what constitutes the requirements for purchasing windows xp with an oem license... most sites give you a disclaimer as to what hardware you need to purchase to obtain an oem licensed copy of windows xp... some sites let you "get away with" less requirements... other sites make you buy a complete barebone system... case, motherboard, cpu, and/or memory... depends on the vendor's interpretation of their oem license agreement with microsoft... shop around... you'd be suprised what vendors let you "get away with" just to make a sale...

for the record... i use an OEM copy of windows xp pro on this system... i bought it at my university for $6.00... it's an academic discount obviously... but it's distributed on an OEM basis... after I upgraded my motherboard... i had to activate this copy of xp over the phone... it takes no more than five minutes since they automated the activation process... so upgrading your system will cause your license code to be "used up" so you'll just have to call in to MS to activate your copy of xp... it's still understood under the OEM license that this copy is being used only on that one system... hardware upgrades won't void your license... just make it harder to activate your copy of xp...

There have been stories of people calling Microsoft to re-activate after a motherboard upgrade and being denied because it is considered a new system.
 
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