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Software licences and upgrading hardware

Forum Windows Vista : Vista General Discussion - Software licences and upgrading hardware

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I heard that M$ are being very cunning (and dirty) in their licensing tactics with Vista. From what I have heard unless you have a full retail version of Vista Ultimate (not home basic/premium), your license will expire when you upgrade your hardware more than a certain number of times. Is this true or does this only apply to the OEM/upgrade versions of each edition of Vista? I cant see how M$ could get away with making you buy a whole new vista disc if you own basic or home premium just because you upgraded your hardware often, its a filthy money-grabbing strategy (common to huge corporations).

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Search this forum and you'll see it isn't true.

Reply to pkellmey

This particularly concerns me to, as my RC1 is finally about to expire... So I've effectively been on the Ultimate 32 versions for the past 10 months and have no particular desire to switch to XP.

I'm also concerned about the difference between the 32-bit and 64-bit versions.

There is a very big price difference between the OEM home versions and the even the Ultimate Upgrade. While M$ have been getting tighter about hardware upgrades for a while, I've read comments on Amazon that the OEM versions are very tightly bound to a particular configuration. That would imply that even buying a complete PC (which will have an OEM licence) would be pretty limiting.

I'm presuming that this limitation is on the OEM versions rather than on upgrades, and I wouldn't have thought it would matter which variant you bouoght - but is there someone who knows who would comment?

The 32 vs 64 bit situation would be nice ot know as well - particularly whether there will be a cheap (free?) migration from 32 to 64 bits, as I believe there may have been in the past. 64-bits would be nice but there are just too many limitations with it at the moment - even compared to 32-bit Vista!

Reply to ctrob

Quote :

Search this forum and you'll see it isn't true.


What surely you dont mean I should use the search function in the forum? :lol: :lol: :lol: :lol: What do you take me for? I'm looking for information not a message that says "No topics met your search criteria" every time I search for anything. THERE IS NO PROPERLY WORKING SEARCH FUNCTION!

EDIT: And just looking takes too long :P

Reply to randomizer

And in your support, I did search (including OEM) and it didn't even show your topic, which I found by hand.

OTOH, search did throw up pages of results of no interest and little relevance to my query...

Reply to ctrob

Well I've trawled around a little and I'm not going to link posts but it appears...
[*:e692cc2151]You can reinstall the OEM version but you are going to need a new activation code each time, possibly even for some hardware upgrades. There is some contrary opinion that this breaks the terms of the licence, although MS don't prevent it...
[*:e692cc2151]If you get a retail version then you can update more frequently without being harrassed by M$.
[*:e692cc2151]If you get a 32-bit retail version then it appears you can get a 64-bit upgrade for shipping costs. If you get OEM you'd need to buy a full version.


Still not sure what to do though! Full Ultimate upgrade is about £180, OEM home premium is very much less...

Reply to ctrob

OEM is tied to the motherboard... even on XP. You can change almost all other hardware, but if you change the motherboard, you'll have to reactivate. When you phone MS for a new activation, simply explain that your old motherboard died and that this computer is the only computer this copy is installed on. (Assuming they ask you for this information).

Retail can be moved freely to another computer as long as it is removed from the old computer.

Reply to Zoron

My dad has used an OEM xp home on 2 systems now, with 2 motherboards, no problems.

Reply to randomizer

Yeah, it still may work after you change the motherboard, but don't expect that it will. Technically, if you read the license agreement, that is a violation of the license terms... even if it does reactivate successfully.

Reply to Zoron

What about for upgrade editions? How do the licenses work for them (both xp and vista)?

Reply to randomizer

The upgrades are where I get a bit confused. They are retail products, so you should be able to uninstall on an old computer and move to a new one. However, if the OS on the new computer is newer... then the upgrade would be useless. Same would apply if it was say Vista Home Basic upgrade on a new computer with Vista Home Premium.

It would work though if you had a Vista Ultimate Upgrade and you used it on a new computer with Vista Home. (Basic or Premium).

Reply to Zoron

Best just to get ultimate full retail and avoid as much of M$ crap as possible (ebay :D)

Reply to randomizer

Not a bad idea...

Reply to Zoron

Wow, the search engine at www.microsoft.com didn't blow up with the phrase 'eula'. You do know (dont' you?), the MS' eula is always delivered with all of their products (including OEM and upgrade items). I was suprised that you had questions regarding standard terms and conditions.

At first I felt that it really wasn't necessary for you to continually hound all of these people about that kind of public information. However after reviewing some of the logic in and the comprehension level of your questions, I have reconsidered your plight. You are one of the challenged few; you probably never knew they were so widely available. So here are some official MS links that will truly answer all of your questions, much better than onyone on this site possibly could.

[url=http://download.microsoft.com/documents/useterms/Windows%20Vista_Home%20Premium_English_d16c019b-fa71-4fc9-a51d-a0621bddb153.pdf]MICROSOFT SOFTWARE LICENSE TERMS (Vista)
[/url]

[url=http://www.microsoft.com/windowsxp/home/eula.mspx]MICROSOFT SOFTWARE LICENSE TERMS (XP)
[/url]

Best
--DD

Reply to dblD

Um EULA? I flush EULA in the nearest toilet :lol: I have never read any EULA. But I will check out the links, thank for that.

Reply to randomizer

I think the problem is that the eulas are i) hard to read, ii) ambiguous, iii) possibly differently enforceable depending on which jurisdiction you live in and iv) apparently contrary to MS public behaviour.

It's hard to see how you might move the oem version about, within the oem t&cs, yet M$ apparently let you reactivate the product... So what use is it studying the eula if it's not what M$ follow?

That's why people are asking about real-life experiences not some theoretical document hidden away on a a website.

Reply to ctrob

Hence the reason:

Quote :

I flush EULA in the nearest toilet :lol:

Reply to randomizer

Quote :

It's hard to see how you might move the oem version about, within the oem t&cs, yet M$ apparently let you reactivate the product...


I think this is the part you're missing when you use the term "theoretical". The understanding is that OEM is not supposed to be moved off the hardware platform that it's purchased for. If you do move it off, MS is simply taking your word that you're following EULA. If at some point there is a point of contention, say someone decides to sue you, there is no way for you to get around that you ultimately are responsible for not following EULA because that is what you have already agreed to. This is one of those areas where they are offering a good faith effort for user responsibility and the user claims to follow EULA by using the product. Like all legal agreements, there's nothing theoretical about it.

Reply to pkellmey

Thanks for uploading this, it gave me something to read on my lunch break.
------------------------
Buy Software
http://www.buydownload.net

Reply to kent12er

Quote :

I think this is the part you're missing when you use the term "theoretical". The understanding is that OEM is not supposed to be moved off the hardware platform that it's purchased for. If you do move it off, MS is simply taking your word that you're following EULA. If at some point there is a point of contention, say someone decides to sue you, there is no way for you to get around that you ultimately are responsible for not following EULA because that is what you have already agreed to. This is one of those areas where they are offering a good faith effort for user responsibility and the user claims to follow EULA by using the product. Like all legal agreements, there's nothing theoretical about it.



No, I understand this completely. I was just using 'theoretical' in contrast to 'practical', as in theory they could sue you but in practice they haven't.

Although I'd go further and say that as they record certain information when you activate, they know when you've moved it to a new computer. More to the point, given you're only allowed to 'preinstall' once you may be fairly limited in what you can do in terms of reinstalling on the same hardware even.

So if they let people activate the OEM on a second PC then they're fully aware that the user is breaking the terms of the OEM EULA. This is in contrast with the standard EULA that lets you move the SW from one device to another.

So I am tending towards the Ultimate upgrade version as you get all the media and less hassle when rebuilding/respec'ing.

Reply to ctrob

Quote :

Although I'd go further and say that as they record certain information when you activate, they know when you've moved it to a new computer.


OEM reinstalls are not uncommon due to registry corruption, hardware failure, etc. Activation ties hardware to the license. A number of hardware pieces (RAM, mb, Harddisk, etc.) are combined to give you a digital signature that they tie to the hardware. When you activate, they assign the ID signature to the license. You may have issues with activation by simply switching RAM slot positions because it can change the signature (as some on this forum can attest) without your hardware changing. I even know of an instance or 2 where a mb man. has updated their BIOS to such an extent that it is recognized as a new PC (happened with one of my Dell servers). So, no, they don't necessarily know it's a different PC during activation.

Reply to pkellmey

Quote :

So I am tending towards the Ultimate upgrade version as you get all the media and less hassle when rebuilding/respec'ing.



It sounds like you assume that: Vista upgrade + XP OEM == Vista Retail

Is that true? I tend to believe: Vista upgrade + XP OEM == XP OEM upgraded to Vista

--DD

Reply to dblD

Quote :

It sounds like you assume that: Vista upgrade + XP OEM == Vista Retail

Is that true? I tend to believe: Vista upgrade + XP OEM == XP OEM upgraded to Vista

--DD



I don't have any opinion on that. I've been running Vista RC1 since last september (effectively ultimate edition) but that was a clean install over Win2k retail. So I will upgrade from Win2k retail if it won't accept the RC1 I have already.

Reply to ctrob
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