Re: OEM versus Upgrade

From: Mike Brannigan [MSFT] (mikebran_at_online.microsoft.com)
Date: 02/13/05 

Date: Sun, 13 Feb 2005 22:54:17 -0000

"Mike Brannigan [MSFT]" <mikebran@online.microsoft.com> wrote in message
news:ePAytufEFHA.2508@TK2MSFTNGP09.phx.gbl...
> "CWatters" <colin.watters@pandoraBOX.be> wrote in message
> news:G5NPd.10984$041.781415@phobos.telenet-ops.be...
>>
>> I might be wrong but I believe the official view is no. Once an OEM copy
>> has
>> been activated on one PC you can't reactivate it on another.
>>
>> However I believe you get 30 days to activate an installation so you
>> could
>> always install it for 30 days and then move it to another PC. Just don't
>> activate it by accident when if prompts you.
>>
>
> Activation is not related the use of the license in this case.
> Once you install the OEM software to the PC it may not be moved to another
> irrespective of if you activated it or not.

> You're just towing the MS line IMHO, and not from any real knowledge
> of even what the non-US courts validated legality of the EULA means.
> One part of the EULA states,

"The license rights granted under this EULA
are limited to the first thirty (30) days after you first run
the SOFTWARE unless you supply information required to
activate your licensed copy in the manner described during the
setup sequence (unless Manufacturer has activated for you)."

> So, if they are "limited", then isn't the OEM scheme of first install
> being tied permanently to the first machine also limited to that it can
> be uninstalled prior to activation and used otherwise? Don't give an
> interpretation that limitation serves the company line, but rather a real
> view.

That is from section 1.3 Mandatory Activation.
It is just stating that the license to use the software as expressed under
the terms of the EULA is valid only up to 30 days or when you activate.
SO for the 30 days prior to actuating the product (if you wait till the end)
you are covered to use the software under the terms of the EULA - if you
have not activated at the end of the that period then your right to use the
software is expired (as the WPA will prevent the use of Windows until you do
activate), that is you have no right to use it at all.

The section about tying the software to the computer on install is covered
under those usage rights so no, you cannot move the software if you do not
active. What you get for not activating is no right to use the software at
all.

I suggest if you have deeper questions about the EULA you consult
professional legal counsel. 

-- 
Regards,
Mike
--
Mike Brannigan [Microsoft]
This posting is provided "AS IS" with no warranties, and confers no
rights
Please note I cannot respond to e-mailed questions, please use these
newsgroups
"Tom" <noway@nothere.com> wrote in message 
news:OQ$J9phEFHA.560@TK2MSFTNGP15.phx.gbl...
"Mike Brannigan [MSFT]" <mikebran@online.microsoft.com> wrote in message 
news:ePAytufEFHA.2508@TK2MSFTNGP09.phx.gbl...
> "CWatters" <colin.watters@pandoraBOX.be> wrote in message
> news:G5NPd.10984$041.781415@phobos.telenet-ops.be...
>>
>> I might be wrong but I believe the official view is no. Once an OEM copy
>> has
>> been activated on one PC you can't reactivate it on another.
>>
>> However I believe you get 30 days to activate an installation so you 
>> could
>> always install it for 30 days and then move it to another PC. Just don't
>> activate it by accident when if prompts you.
>>
>
> Activation is not related the use of the license in this case.
> Once you install the OEM software to the PC it may not be moved to another
> irrespective of if you activated it or not.
You're just towing the MS line IMHO, and not from any real knowledge of even 
what the non-US courts validated legality of the EULA means. One part of the 
EULA states,
"The license rights granted under this EULA
are limited to the first thirty (30) days after you first run
the SOFTWARE unless you supply information required to
activate your licensed copy in the manner described during the
setup sequence (unless Manufacturer has activated for you)."
So, if they are "limited", then isn't the OEM scheme of first install being 
tied permanently to the first machine also limited to that it can be 
uninstalled prior to activation and used otherwise? Don't give an 
interpretation that limitation serves the company line, but rather a real 
view.
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