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  #23  
Old 01-05-2006, 02:34 AM
Vanguard
 
Posts: n/a
Default Re: Oems can be sold according to this site

"Kerry Brown" <kerry@kdbNOSPAMsys-tems.c*a*m> wrote in message
news:OYJTQUIEGHA.1736@TK2MSFTNGP14.phx.gbl...
> Vanguard wrote:
>> "Opinicus" <gezgin@spamcop.net> wrote in message
>> news:11rkm1sn55qut09@news.supernews.com...
>>> "Vanguard" <vanguard.code@comcastNIX.net> wrote
>>>
>>>> can buy it with a power cord. The license is tied to that
>>>> qualifying hardware. The EULA never states that the qualifying
>>>> hardware's license gets
>>>
>>> Erm, I believe an OEM version is tied to the first *computer* that
>>> it's installed on...

>>
>>
>> It is tied to the qualifying hardware. Read the EULA. Mine says:
>>
>> "This End-User License Agreement ("EULA") is a legal agreement
>> between you (either an individual or a single legal entity) and the
>> manufacturer ("Manufacturer") of the computer system or computer
>> system component ("HARDWARE") with which you acquired the Microsoft
>> software product(s) identified on the Certificate of Authenticity
>> ("COA") affixed to the HARDWARE or on the associated product
>> documentation ("SOFTWARE")."
>> "The term "COMPUTER" as used herein shall mean the HARDWARE, if the
>> HARDWARE is a single computer system, or shall mean the computer
>> system with which the HARDWARE operates, if the HARDWARE is a
>> computer system component."

>
> There is no such thing as qualifying hardware for OEM Office product.
> According to the OEM agreement it can only be sold when installed on a new
> system period. Perhaps you didn't click on the link in the OP and think
> the thread is about OEM XP product :-)



Yep, yet another user that doesn't know how to read or, more correctly,
reads more into a contract than is there. I'm sure Microsoft won't mind
that you make their EULA more restrictive than they wrote it.

Have you ever bothered to call Microsft? Didn't think so. We run a $7M lab
and have checked with Microsoft what we can do and cannot do regarding
Microsoft-branded retail OEM version of Windows, and Microsoft gave us the
green light to move it around to other hosts whether they were rebuilds of
existing hosts or moving off one host to another one. Pre-built computers
are a different matter but we don't use any in our lab. For our
workstations, those of which are pre-builds, yep, the vendor-specific OEM
version does stick with that host. Unless Microsoft has changed their *new*
licenses lately (which cannot affect prior contracts for prior sales), we
were also allowed to changed motherboards.

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