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New machine or motherboard for an OEM server license?

mxnerd

mxnerd

Diamond Member
Anyone familiar with this?

One of customer's server is running SBS standard 2003 OEM version, does that mean they can't change the machine, or the motherboard?

The customer is complaining the server is getting slower and slower, so I'm considering upgrade the machine and don't know if I can move the license over.

Thanks.
 
Thanks! According the licensing term, server product can be moved once from one server to another. It does not say OEM or not.

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10. SOFTWARE TRANSFER?Internal transfer. You may move the Server Software to a different Server as long as you permanently remove the software from the initial Server. Transfer to Third Party.

The initial user of the Software may make a one-time permanent transfer of this EULA and Software to
another end user, provided the initial user retains no copies of the Software.

The transfer must include all of the Software (including all portions of the Software, the media and printed materials, any upgrades, this EULA, and, if applicable, the Certificate of Authenticity).

The transfer may not be an indirect transfer, such as a consignment. Prior to the transfer, the end user receiving the Software must agree to all the EULA terms.
 
Originally posted by: mxnerd
Thanks! According the licensing term, server product can be moved once from one server to another. It does not say OEM or not.
Click to expand...
That's because you can only select to view the EULA for full retail versions of SBS 2003 from that page, not OEM versions. e.g. "From a store as packaged software for end-users or from Microsoft directly", when the correct product acquisition option is "Pre-installed on your computer from the computer manufacturer" (e.g. OEM), which does not list SBS 2003.

However, this FAQ answers your question:

Q. I purchased licenses via OEMs with my server hardware. Can I reassign the licenses I purchased from OEMs?

A. You may not re-assign any licenses acquired in the OEM channel. OEM licenses purchased with hardware are permanently assigned to the server with which they were purchased.

SBS 2003 Licensing FAQ
 
Right, but how do they define the hardware.... If you change the CPU on the server, is the licence still valid? What if you change the whole server, and tape the floppy drive from the original server to the new one? 🙂

what percentage of the original hardware has to be there for it to count as the original machine?
 
From the SBS 2003 Licensing FAQ
Q. I purchased licenses via OEMs with my server hardware. Can I reassign the licenses I purchased from OEMs?
A. You may not re-assign any licenses acquired in the OEM channel. OEM licenses purchased with hardware are permanently assigned to the server with which they were purchased.

Now this sounds to me like the other Windows OEM licensing which is pretty cut and dry.
A workaround with the non server OS I have worked that may work with OEM server is say you wanted to gut a server motherboard and components and install new parts. You then would install the server OS and activate it which should require you to call Microsoft to get a activation number. You tell the operator that the old servers motherboard died and you needed to install new cpu, memory, parts to complete the repair. Now this is how I heard MS will allow the new parts and give a activation number. Whether you feel this is ethical or not is up to you and if it applies to servers OEMS I dont know. Also I have never needed to preform this action myself this is all hypothetical.
 
Originally posted by: mxnerd
So OEM license lives and dies with the hardware, can't be moved unless the motherboard is broken.
Click to expand...
Yup. Server 2003 OEM EULA rules are the same as for OEM XP. That's why I've never installed an OEM version of Windows Server. The prices for OEM and retail are almost the same.

Do you know WHY the machine is running slower and slower? More users? Added applications running? High levels of file access? Extremely high volumes of email or SharePoint access? Are they running out of disk space or running out of memory? What are the specs of the current machine, what applications are they running, and how many users?
 
Originally posted by: Colt45
Right, but how do they define the hardware.... If you change the CPU on the server, is the licence still valid? What if you change the whole server, and tape the floppy drive from the original server to the new one? 🙂

what percentage of the original hardware has to be there for it to count as the original machine?
Click to expand...
Microsoft always defines the original machine as the motherboard.
 
Originally posted by: ViRGE
Microsoft always defines the original machine as the motherboard.
Click to expand...
I don't think that they ALWAYS did that. The term "original hardware" was used, and was interpreted even by Microsoft as meaning a part that was "critical to the function of the PC". I've seen Microsoft employees state that this could include the power cable.

In 2005, Microsoft redefined the "original hardware" to mean the motherboard, or, in some definitions, the combination of the motherboard and the CPU.

I'm not a lawyer, neither in real life nor on TV. But it'd seem that if you purchased OEM software BEFORE Microsoft redefined the meaning of "original hardware", you could follow the old rules as long as you don't upgrade your software and agree to the new licensing terms. But, like I said, I'm no lawyer.
 
Originally posted by: RebateMonger
Originally posted by: ViRGE
Microsoft always defines the original machine as the motherboard.
Click to expand...
I don't think that they ALWAYS did that. The term "original hardware" was used, and was interpreted even by Microsoft as meaning a part that was "critical to the function of the PC". I've seen Microsoft employees state that this could include the power cable.

In 2005, Microsoft redefined the "original hardware" to mean the motherboard, or, in some definitions, the combination of the motherboard and the CPU.

I'm not a lawyer, neither in real life nor on TV. But it'd seem that if you purchased OEM software BEFORE Microsoft redefined the meaning of "original hardware", you could follow the old rules as long as you don't upgrade your software and agree to the new licensing terms. But, like I said, I'm no lawyer.
Click to expand...
I meant "always" as in it doesn't vary right now; no matter what OS it is, it's always the motherboard. I wasn't getting at "has always" but I could have been clearer I suppose.
 
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