Re: My pc mother board has died - Install xp oem

Rhonda Lea Kirk wrote:

kurttrail wrote:
Carey Frisch [MVP] wrote:

"If the SOFTWARE is not accompanied by HARDWARE,
you may not use the SOFTWARE."

Hardware = Motherboard


Carey Frisch [MVP] wrote:
If the motherboard dies, then in order to use the same
OEM Windows XP license, a new motherboard can
be used as long as the new motherboard is an exact
duplicate model of the original motherboard. If a
different model motherboard is installed, than a
new Windows XP license would be required.

That would depend on his EULA. This EULA change is recent within
the last few months. If the EULA he has at the moment has no
mention if this new motherboard clause then he is not affected as
he has not agreed to it.

Now you are an out and out liar, Carey.

"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." - OEM EULA

Nowhere in the EULA does it say anything like "Hardware =
Motherboard!"

Remember how I asked you guys for book recommendations a few weeks
back?
Well, the book arrived on the 26th, and I've been pretty busy reading
it, although I'm still trying to read as much here as I can.

From /Microsoft Windows XP InsideOut/, written by Ed Bott, Carl
Siechert and Craig Stinson, and published by Microsoft Press:

"Copies of Windows XP sold with new computers may be exempt from WPA.
If you purchase a new computer on which Windows XP is pre-installed,
the activation process may have been completed before you took
delivery. In addition, copies of Windows sold this way are frequently
tied via software to the BIOS of that computer (this method of
installation is called System Locked Pre-Installation, or SLP). You
may reinstall that copy of Windows XP an unlimited number of times on
the computer it came with, regardless of how many upgrades you make,
as long as you don?t change the BIOS. In fact, **you can replace the
motherboard on a system activated with SLP as long as the new part is
from the same manufacturer and uses the same BIOS identifier.**
However, you may be prohibited by the license agreement from
transferring that copy of Windows to another computer."

[emphasis supplied]

My EULA--from a computer that came from Dell in January--says, in
part:

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.

1. GRANT OF LICENSE.
Manufacturer grants you the following rights provided that
you comply with all terms and conditions of this EULA:

1.1 Installation and use. You may install, use, access,
display and run one copy of the SOFTWARE on
the COMPUTER. The SOFTWARE may not be used
by more than two (2) processors at any one time on the
COMPUTER, unless a higher number is
indicated on the COA.

1.2 SOFTWARE as a Component of the COMPUTER - Transfer.
This license may not be shared, transferred to or used
concurrently on different computers. 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. You may permanently
transfer all of your rights under this EULA only as
part of a permanent sale or transfer of the COMPUTER,
provided you retain no copies of the SOFTWARE.
If the SOFTWARE is an upgrade, any transfer
must also include all prior versions of the
SOFTWARE. This transfer must also include
the Certificate of Authenticity label. The transfer
may not be an indirect transfer, such as a consignment.
Prior to the transfer, the end user receiving the
Software must agree to all the EULA terms.

1.3 Mandatory Activation. The license rights granted
under this EULA are limited to the first thirty (30)
days after you first install the SOFTWARE unless
you supply information required to activate your
licensed copy in the manner described during the
setup sequence of the SOFTWARE. You can activate
the SOFTWARE through the use of the Internet or
telephone; toll charges may apply. You may also
need to reactivate the SOFTWARE if you modify your
computer hardware or alter the SOFTWARE. There
are technological measures in this SOFTWARE that
are designed to prevent unlicensed use of the
SOFTWARE. Microsoft will use those measures to
confirm you have a legally licensed copy of the
SOFTWARE. If you are not using a licensed copy
of the SOFTWARE, you are not allowed to install
the SOFTWARE or future SOFTWARE
updates. Microsoft Licensing, GP, Microsoft Ireland
Operations Limited and/or Microsoft (China) Co.
Limited (collectively "MS"), Microsoft Corporation
and its subsidiaries will not collect any personally
identifiable information from your COMPUTER during
this process.

I read it and then I searched it, and I failed to find any reference
to BIOS or motherboard.

Nor is there any reference to the motherboard in any Windows XP OEM EULA
from XP Gold to MCE 2005.

--
Peace!
Kurt Kirsch
Self-anointed Moderator
http://microscum.com
"It'll soon shake your Windows
And rattle your walls
For the times they are a-changin'."


.

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