Re: Can I get a refund for Vista?



This link will make it clear:

http://blogs.msdn.com/mssmallbiz/archive/2005/09/07/461950.aspx

Still article dates back to 2005 and still have OEMs who selling product with Cat5 cable. :)

Csaba

Colin Barnhorst wrote:
The consumer_oem eula states:

"2. INSTALLATION AND USE RIGHTS. The software license is permanently assigned to the device with which you acquired the software. That device is the “licensed device.” A hardware partition or blade is considered to be a separate device.
a. Licensed Device. You may install one copy of the software on the licensed device. You may use the software on up to two processors on that device at one time. You may not use the software on any other device."

So if you can't install Windows on a Cat5 cable and you can't install it on any other device because the Cat5 cable is the licensed device, what are you going to do with it?

This is nonsense. The requirement, such as it is, to sell a piece of hardware with OEM software only applies to the software resellers. It has nothing to do with end users.

The fact is you do not get a EULA when you purchase an OEM copy of Windows. You get the OEM (System Builder) License, which entitles you to install the software on a computer for sale. You do not get the right to use the software, just install it on a computer you are preparing for sale to a customer.

The consumer_oem EULA is installed with the rest of Windows by the system builder and is in effect when the customer (end user) assents to it during the first run (OOBE).

The OEM (system builder) license is only binding on the system builder and expires when control of the computer passes out of his hands. The consumer_oem EULA is not binding on the purchaser of the software but the purchaser of the computer. The EULA specifies that the hardware and software are a single and inseparable unit. As is quoted above, "The software license is permanently assigned to the device with which you acquired the software."

"Mick Murphy" <MickMurphy@xxxxxxxxxxxxxxxxxxxxxxxxx> wrote in message news:633FF317-DC02-4533-AD04-93533464A791@xxxxxxxxxxxxxxxx
Carey, you can buy an OEM disk with a Cat5 cable!
That fulfills the EULA meaning of a "Device"
--
Mick Murphy - Qld - Australia


"Carey Frisch [MVP]" wrote:

From the Windows Vista OEM EULA:

"The software license is permanently assigned to the
device (computer) with which you acquired the software".

"You make transfer the software directly to a third party
only with the licensed device (the computer)".

What this is saying is if you want to sell an OEM Windows Vista
license, it must be sold along with the computer it originally came with.

--
Carey Frisch
Microsoft MVP
Windows Desktop Experience

_____________________________________________

"Nigel Molesworth" <reply@xxxxxxxxxxxxxxxxxxxxxx> wrote in message
news:7sun545n4tjvts9vmdp7oqdiik926u2gtj@xxxxxxxxxx
> On Fri, 20 Jun 2008 10:39:23 -0500, "Carey Frisch [MVP]"
> <cnfrisch@xxxxxxxxxxxxxxx> wrote:
>
>>OEM versions of Microsoft Windows cannot be resold.
>
> Yes they can, although Microsoft say they may not.
>
> Note the distinction between "can" and "may".
>



.



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