Sleling my mobo, will buyer be able to use my win10 OEM license?

mainwheeley · Oct 5, 2016

So for a quick explanation, I have a mATX mobo for AM3+ socket right now (Gigabyte GA 78LMT USB3), and I am planning to change both my motherboard AND my case (want to use ATX), since I'm planning to oc my cpu, and because of not enough research on my part beforehand (This is my first build), I accidentally got this mobo, which apparently are not a good oc mobo (something about the power phase, I've found several pages mentioning these), even messed up with my form factor. Turns out there are no decent AM3+ socket mATX motherboard for oc-ing. As I don't want to mess this mobo up by doing oc over its capabilities, I'm planning to sell both the mobo and case, and since AFAIK mobos carry the windows license, would the new buyer of this mobo be able to install a win10 if I gave them the key? this could means some extra bucks for me, to save more on the new mobo and case. Please do give me any kind of helpful insights, I'd appreciate it. Thanks a lot!

EDIT: the Win 10 License is OEM license

greens · Oct 5, 2016

mainwheeley :

Absolutely nothing sensitive is stored on the motherboard.
Its all on the drives.

OEM keys can be reused without a problem on any PC you'd like. You may have to call MS to explain the key is being used on a different PC, but i'm not sure how much they monitor with windows 10, haven't had to do too many reinstalls yet.

mainwheeley · Oct 5, 2016

greens :

Yeah, my initial thought was that OEM key are a real pain in the ass to transfer to another mobo especially with the new terms & agreements in win 10, so I was just planning to get another license and sell this motherboard along with the license. So if I do sell it without transferring my license to my new mobo, would the new owner be able to install win 10 in their hard drive with my key?

One more thing, are you experienced with oc? I am really confused as the whole problem seems to be coming from its power phase, but some people still give this motherboard a green light on oc ing. Would you have any idea how heavy I can oc my cpu? It's an fx-8300 (3.3 ghz stock, planning to oc only to 4.2ghz).

ko888 · Oct 5, 2016

The buyer should be able to use the OEM key with that motherboard. The rest of the components don't matter as specified in Microsoft's OEM Software Licensing: Rules & Restrictions

...

Hardware Replacement*
The motherboard is the component that determines whether or not a new Microsoft Windows Desktop Operating System license is required. Motherboard upgrades or replacements require a new operating system license with an identical series motherboard (unless a replacement is for a defect).

....

*Hardware Replacement
• Generally an end user can upgrade or replace all of the hardware components on a computer, except the motherboard, and still retain the license for the original Microsoft OEM Windows Desktop Operating System software.
• If the motherboard is upgraded or replaced for reasons other than a defect, then a new computer has been created. Microsoft OEM Windows Desktop Operating system software cannot be transferred to the new computer, and 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 as long as the replacement motherboard is the same make/model or the same manufacturer’s replacement/equivalent, as defined by the manufacturer’s warranty.
• The reason for this licensing rule primarily relates to the End User Software License Terms and the support of the software covered by that End User Software License Terms. The End User Software License Terms 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 that particular PC.
• The System Builder is required to support the software on the original PC.
• Understanding that end users, over time, upgrade their PCs with different components, Microsoft needed to have one base component “left standing” that would still define the 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 did not manufacture this new PC, and therefore cannot be expected to support it.

greens · Oct 5, 2016

mainwheeley :

greens :

Yeah, my initial thought was that OEM key are a real pain in the ass to transfer to another mobo especially with the new terms & agreements in win 10, so I was just planning to get another license and sell this motherboard along with the license. So if I do sell it without transferring my license to my new mobo, would the new owner be able to install win 10 in their hard drive with my key?

One more thing, are you experienced with oc? I am really confused as the whole problem seems to be coming from its power phase, but some people still give this motherboard a green light on oc ing. Would you have any idea how heavy I can oc my cpu? It's an fx-8300 (3.3 ghz stock, planning to oc only to 4.2ghz).

Ok so OEM that you have proof of purchase of and a key for is yours. Do whatever you want with it. Keep it, sell it with the mobo, give it to your neighbor, doesn't matter. It's yours to do whatever with. No one can install it without you actually giving them the key.

As far as OCing goes, it's a 4+1 phase board which is about minimum for OCability. That said, lot of these guys advertising 8+1 phases actually use doubling tricks, and preform closer to a 4+1 in reality.

It has VRM cooling, and other power management features, I see absolutely no reason you can't get a substantial OC out of the board.

mainwheeley · Oct 5, 2016

greens :

mainwheeley :

Ok so OEM that you have proof of purchase of and a key for is yours. Do whatever you want with it. Keep it, sell it with the mobo, give it to your neighbor, doesn't matter. It's yours to do whatever with. No one can install it without you actually giving them the key.

As far as OCing goes, it's a 4+1 phase board which is about minimum for OCability. That said, lot of these guys advertising 8+1 phases actually use doubling tricks, and preform closer to a 4+1 in reality.

It has VRM cooling, and other power management features, I see absolutely no reason you can't get a substantial OC out of the board.

alright thanks! with that said, I think I'm not going to change any hardware for the time being now. I probably will only hold back on the oc and do it later in time when I actually need it.

mainwheeley · Oct 5, 2016

ko888 :

The buyer should be able to use the OEM key with that motherboard. The rest of the components don't matter as specified in Microsoft's OEM Software Licensing: Rules & Restrictions

...

Hardware Replacement*
The motherboard is the component that determines whether or not a new Microsoft Windows Desktop Operating System license is required. Motherboard upgrades or replacements require a new operating system license with an identical series motherboard (unless a replacement is for a defect).

....

*Hardware Replacement
• Generally an end user can upgrade or replace all of the hardware components on a computer, except the motherboard, and still retain the license for the original Microsoft OEM Windows Desktop Operating System software.
• If the motherboard is upgraded or replaced for reasons other than a defect, then a new computer has been created. Microsoft OEM Windows Desktop Operating system software cannot be transferred to the new computer, and 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 as long as the replacement motherboard is the same make/model or the same manufacturer’s replacement/equivalent, as defined by the manufacturer’s warranty.
• The reason for this licensing rule primarily relates to the End User Software License Terms and the support of the software covered by that End User Software License Terms. The End User Software License Terms 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 that particular PC.
• The System Builder is required to support the software on the original PC.
• Understanding that end users, over time, upgrade their PCs with different components, Microsoft needed to have one base component “left standing” that would still define the 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 did not manufacture this new PC, and therefore cannot be expected to support it.

thanks for the clarification!

greens · Oct 5, 2016

mainwheeley :

ko888 :

thanks for the clarification!

None of this applies. You are the system builder, you own the OEM software. If YOU determine a board to be defective for ANY reason, you can reinstall. Like i said you may have to contact MS to explain IF they block installation, but i haven't heard of MS actually doing this.

You are not the end user in this case, so again, none of that legal mumbo jumbo really applies.

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