Re: NEED ADVICE

Q. Can a PC with OEM Windows XP have its motherboard upgraded and keep the
same license? What if it was replaced because it was defective?

A. Generally, you may upgrade or replace all of the hardware components on
your customer's computer and the end user may maintain the license for the
original Microsoft® OEM operating system software, with the exception of an
upgrade or replacement of the motherboard. An upgrade of the motherboard is
considered to result in a "new personal computer" to which Microsoft® OEM
operating system software cannot be transferred from another computer. If the
motherboard is upgraded or replaced for reasons other than a defect, then a
new computer has been created and the license of new operating system
software is required. If the motherboard is replaced because it is defective,
you do NOT need to acquire a new operating system license for the PC.


The reason for this licensing rule primarily relates to the end-user license
agreement (EULA) and the support of the software covered by that EULA. The
EULA is a set of usage rights granted to the end-user by the PC manufacturer
and relates only to rights for that software as installed on for that
particular PC. The System Builder is required to support the software on that
original PC. Understanding that end users, over time, upgrade their PC with
different components, Microsoft needed to have one base component "left
standing" that would still define that original PC. Since the motherboard
contains the CPU and is the "heart and soul" of the PC, when the motherboard
is replaced (for reasons other than defect) a new PC is essentially created.
The original System Builder, therefore, can not be expected to support this
new PC that they in effect, did not manufacture.

Ref: http://oem.microsoft.com/script/ContentPage.aspx?pageid=553075

--
Carey Frisch
Microsoft MVP
Windows XP - Shell/User


"antioch" wrote:

Carey
I do not see any link between your two paras below.
The second in my opinion should not begin with 'thus'.
If the EULA said ..........to 'A' computer......may only be used with 'THAT'
computer... then there would be more sense.
Now if you have quoted from line to line i.e. there is not something missing
between your word COMPUTER. and If at the start of the next sentence, then
no wonder your argument is flawed in those two paras. You are making an
assumption that a computer is the same as hardware and as yet you have
failed to connect the two from the EULA wording.
From your second para, I read you as confirming that one may use the
software only if accompanied by hardware. Then you may use the hardware.
THUS(quoting from yourself) if you buy a new Mobo, there is the hardware and
so you can use the software.
Howsomever I always have read the accompanying bit as a rule for the
retailer, NOT the end-user.
But the trouble with stuff written by lawyers, is they always manage to
write so that they are themselves ever in employment, going to court to
argue the ambiguous wording put in by their mates.
When was MS's definition of a computer being a piece of hardware, issued?
I would not dream of breaking the conditions of this EULA - but I would
their definitions. If they had had half a decent lawyer in the first place,
then such a big hole would not have had to be plugged later as an
afterthought.
Rgds
Antioch
From the OEM EULA:

"The SOFTWARE is licensed with the COMPUTER as a single
integrated product and may only be used with the COMPUTER. If
the SOFTWARE is not accompanied by HARDWARE, you may not use
the SOFTWARE."

Thus, a new motherboard constitutes a new computer,
and a new computer requires a new license since the
original license is no longer valid because the motherboard
was replaced. Simple logic you trolls cannot understand.

--
Carey Frisch
Microsoft MVP
Windows XP - Shell/User


"Gordon" wrote:

Carey Frisch [MVP] wrote:
Direct quote from Microsoft licensing:



.

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