Vanguard wrote:
> "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.

I have attended several Microsoft seminars on licensing. Here are some
relevant portions of the current OEM agreement.

"4. SOFTWARE DISTRIBUTION.
4.1 We grant you a nonexclusive right to distribute an individual software
license only with a fully assembled
computer system. A "fully assembled computer system" means a computer system
consisting of at least a central processing unit, a motherboard, a hard
drive, a power supply, and a case.
4.2 Each individual software license must be distributed pursuant to the
end-user license agreement ("EULA")
that accompanies the individual software license. Under the terms of the
EULA, you are the licensor."

"6. PREINSTALLATION REQUIREMENT. When you distribute an individual software
license for a desktop operating system or application software, you must
preinstall it on the fully assembled computer system’s hard drive using the
OEM Preinstallation Kit ("OPK") provided in this package or otherwise made
available by us. This preinstallation requirement does not apply to server
software. For a list of available OPKs, information about using
OEM preinstallation tools, OPK support and how to obtain OPKs, see
www.microsoft.com/oem/sblicense/OPK.
Preinstallation is limited to one copy of each individual software license.
You may not copy or modify the OPK or
OPK instructions. You may not distribute the OPK or OPK instructions to an
end user."

I understand that in certain cases for very large OEMs this agreement may be
slightly different but I have been assured by a Microsoft licensing
specialist that the essence is the same. OEM Offiice product cannot be sold
without installing it on a system. Once it is sold to the end user (your $7M
lab) Microsoft may make a seperate agreement with you.

In your post you refer to "Microsoft-branded retail OEM version of Windows"
There is no retail OEM version of Windows and the OP was not about OEM
Windows in any case.

Kerry