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Should I buy upgrade or full version of Windows XP?

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Anonymous
July 20, 2005 12:27:02 AM

Archived from groups: microsoft.public.windowsxp.general (More info?)

One computer comes with OEM Windows Me and is planning to upgrade to Windows
XP Pro. I would like to know:
1. Is it possible to acquire a retail upgrade version of Windows XP for that
machine?
2. If 1. is no, how come if I acquire a upgrade version for that machine
through Open License? (suppose I have qualified for Open License)
Anonymous
July 20, 2005 2:34:58 AM

Archived from groups: microsoft.public.windowsxp.general (More info?)

Any retail store that sells software (office stores,
computer stores and Wal-Mart or Sam's) have Windows XP
Upgrade (two versions Home or Pro) and they will upgrade in
place or allow you to do a clean install (as long as you
have the ME CDs or ME is still installed.)
You can also buy on-line from many authorized dealers. see
www.pricewatch.com



--
The people think the Constitution protects their rights;
But government sees it as an obstacle to be overcome.
some support
http://www.usdoj.gov/olc/secondamendment2.htm



"Lekkei" <Lekkei@discussions.microsoft.com> wrote in message
news:88AD0BBC-346C-430D-9770-0B0059126B3E@microsoft.com...
| One computer comes with OEM Windows Me and is planning to
upgrade to Windows
| XP Pro. I would like to know:
| 1. Is it possible to acquire a retail upgrade version of
Windows XP for that
| machine?
| 2. If 1. is no, how come if I acquire a upgrade version
for that machine
| through Open License? (suppose I have qualified for Open
License)
Anonymous
July 20, 2005 2:34:59 AM

Archived from groups: microsoft.public.windowsxp.general (More info?)

What I concern is whether it is legal to upgrade an OEM Windows by buying the
retail upgrade package (as stated it is the cheapest way to upgrade), or
should I purchase for a full retail package for the machine running OEM
Windows in order to upgrade.

In other words, retail upgrade package is for the machine which comes with
OS or previous version of Windows. Using upgrade version for a new machine
will treated as illegal and possibly causing license issue (please correct me
if I am wrong). So I wonder if those retail upgrade package is also
applicable for the machine with OEM Windows.

"Jim Macklin" wrote:

> Any retail store that sells software (office stores,
> computer stores and Wal-Mart or Sam's) have Windows XP
> Upgrade (two versions Home or Pro) and they will upgrade in
> place or allow you to do a clean install (as long as you
> have the ME CDs or ME is still installed.)
> You can also buy on-line from many authorized dealers. see
> www.pricewatch.com
>
>
>
> --
> The people think the Constitution protects their rights;
> But government sees it as an obstacle to be overcome.
> some support
> http://www.usdoj.gov/olc/secondamendment2.htm
>
>
>
> "Lekkei" <Lekkei@discussions.microsoft.com> wrote in message
> news:88AD0BBC-346C-430D-9770-0B0059126B3E@microsoft.com...
> | One computer comes with OEM Windows Me and is planning to
> upgrade to Windows
> | XP Pro. I would like to know:
> | 1. Is it possible to acquire a retail upgrade version of
> Windows XP for that
> | machine?
> | 2. If 1. is no, how come if I acquire a upgrade version
> for that machine
> | through Open License? (suppose I have qualified for Open
> License)
>
>
>
Related resources
Anonymous
July 20, 2005 2:42:19 AM

Archived from groups: microsoft.public.windowsxp.general (More info?)

You say that the computer came with Windows ME, so that's your qualifying
product for the upgrade to work on that computer. If that's not what you're
asking, maybe you should restate the question.


"Lekkei" <Lekkei@discussions.microsoft.com> wrote in message
news:F586EB74-5DA8-4C45-8BD2-08BB6B00289E@microsoft.com...
> What I concern is whether it is legal to upgrade an OEM Windows by buying
> the
> retail upgrade package (as stated it is the cheapest way to upgrade), or
> should I purchase for a full retail package for the machine running OEM
> Windows in order to upgrade.
>
> In other words, retail upgrade package is for the machine which comes with
> OS or previous version of Windows. Using upgrade version for a new machine
> will treated as illegal and possibly causing license issue (please correct
> me
> if I am wrong). So I wonder if those retail upgrade package is also
> applicable for the machine with OEM Windows.
>
> "Jim Macklin" wrote:
>
>> Any retail store that sells software (office stores,
>> computer stores and Wal-Mart or Sam's) have Windows XP
>> Upgrade (two versions Home or Pro) and they will upgrade in
>> place or allow you to do a clean install (as long as you
>> have the ME CDs or ME is still installed.)
>> You can also buy on-line from many authorized dealers. see
>> www.pricewatch.com
>>
>>
>>
>> --
>> The people think the Constitution protects their rights;
>> But government sees it as an obstacle to be overcome.
>> some support
>> http://www.usdoj.gov/olc/secondamendment2.htm
>>
>>
>>
>> "Lekkei" <Lekkei@discussions.microsoft.com> wrote in message
>> news:88AD0BBC-346C-430D-9770-0B0059126B3E@microsoft.com...
>> | One computer comes with OEM Windows Me and is planning to
>> upgrade to Windows
>> | XP Pro. I would like to know:
>> | 1. Is it possible to acquire a retail upgrade version of
>> Windows XP for that
>> | machine?
>> | 2. If 1. is no, how come if I acquire a upgrade version
>> for that machine
>> | through Open License? (suppose I have qualified for Open
>> License)
>>
>>
>>
Anonymous
July 20, 2005 4:25:56 AM

Archived from groups: microsoft.public.windowsxp.general (More info?)

The OEM may certainly be upgraded, you just can't move the
OEM to another computer.


--
The people think the Constitution protects their rights;
But government sees it as an obstacle to be overcome.
some support
http://www.usdoj.gov/olc/secondamendment2.htm



"Lekkei" <Lekkei@discussions.microsoft.com> wrote in message
news:F586EB74-5DA8-4C45-8BD2-08BB6B00289E@microsoft.com...
| What I concern is whether it is legal to upgrade an OEM
Windows by buying the
| retail upgrade package (as stated it is the cheapest way
to upgrade), or
| should I purchase for a full retail package for the
machine running OEM
| Windows in order to upgrade.
|
| In other words, retail upgrade package is for the machine
which comes with
| OS or previous version of Windows. Using upgrade version
for a new machine
| will treated as illegal and possibly causing license issue
(please correct me
| if I am wrong). So I wonder if those retail upgrade
package is also
| applicable for the machine with OEM Windows.
|
| "Jim Macklin" wrote:
|
| > Any retail store that sells software (office stores,
| > computer stores and Wal-Mart or Sam's) have Windows XP
| > Upgrade (two versions Home or Pro) and they will upgrade
in
| > place or allow you to do a clean install (as long as you
| > have the ME CDs or ME is still installed.)
| > You can also buy on-line from many authorized dealers.
see
| > www.pricewatch.com
| >
| >
| >
| > --
| > The people think the Constitution protects their rights;
| > But government sees it as an obstacle to be overcome.
| > some support
| > http://www.usdoj.gov/olc/secondamendment2.htm
| >
| >
| >
| > "Lekkei" <Lekkei@discussions.microsoft.com> wrote in
message
| >
news:88AD0BBC-346C-430D-9770-0B0059126B3E@microsoft.com...
| > | One computer comes with OEM Windows Me and is planning
to
| > upgrade to Windows
| > | XP Pro. I would like to know:
| > | 1. Is it possible to acquire a retail upgrade version
of
| > Windows XP for that
| > | machine?
| > | 2. If 1. is no, how come if I acquire a upgrade
version
| > for that machine
| > | through Open License? (suppose I have qualified for
Open
| > License)
| >
| >
| >
Anonymous
July 20, 2005 6:35:04 AM

Archived from groups: microsoft.public.windowsxp.general (More info?)

This is exactly what I want to find! Where can I obtain the black and white
document from Microsoft stating this answer?

"Jim Macklin" wrote:

> The OEM may certainly be upgraded, you just can't move the
> OEM to another computer.
>
>
> --
> The people think the Constitution protects their rights;
> But government sees it as an obstacle to be overcome.
> some support
> http://www.usdoj.gov/olc/secondamendment2.htm
>
>
>
> "Lekkei" <Lekkei@discussions.microsoft.com> wrote in message
> news:F586EB74-5DA8-4C45-8BD2-08BB6B00289E@microsoft.com...
> | What I concern is whether it is legal to upgrade an OEM
> Windows by buying the
> | retail upgrade package (as stated it is the cheapest way
> to upgrade), or
> | should I purchase for a full retail package for the
> machine running OEM
> | Windows in order to upgrade.
> |
> | In other words, retail upgrade package is for the machine
> which comes with
> | OS or previous version of Windows. Using upgrade version
> for a new machine
> | will treated as illegal and possibly causing license issue
> (please correct me
> | if I am wrong). So I wonder if those retail upgrade
> package is also
> | applicable for the machine with OEM Windows.
> |
> | "Jim Macklin" wrote:
> |
> | > Any retail store that sells software (office stores,
> | > computer stores and Wal-Mart or Sam's) have Windows XP
> | > Upgrade (two versions Home or Pro) and they will upgrade
> in
> | > place or allow you to do a clean install (as long as you
> | > have the ME CDs or ME is still installed.)
> | > You can also buy on-line from many authorized dealers.
> see
> | > www.pricewatch.com
> | >
> | >
> | >
> | > --
> | > The people think the Constitution protects their rights;
> | > But government sees it as an obstacle to be overcome.
> | > some support
> | > http://www.usdoj.gov/olc/secondamendment2.htm
> | >
> | >
> | >
> | > "Lekkei" <Lekkei@discussions.microsoft.com> wrote in
> message
> | >
> news:88AD0BBC-346C-430D-9770-0B0059126B3E@microsoft.com...
> | > | One computer comes with OEM Windows Me and is planning
> to
> | > upgrade to Windows
> | > | XP Pro. I would like to know:
> | > | 1. Is it possible to acquire a retail upgrade version
> of
> | > Windows XP for that
> | > | machine?
> | > | 2. If 1. is no, how come if I acquire a upgrade
> version
> | > for that machine
> | > | through Open License? (suppose I have qualified for
> Open
> | > License)
> | >
> | >
> | >
>
>
>
July 20, 2005 6:53:48 AM

Archived from groups: microsoft.public.windowsxp.general (More info?)

"Lekkei" <Lekkei@discussions.microsoft.com> wrote in message
news:88AD0BBC-346C-430D-9770-0B0059126B3E@microsoft.com...
> One computer comes with OEM Windows Me and is planning to upgrade to
> Windows
> XP Pro. I would like to know:
> 1. Is it possible to acquire a retail upgrade version of Windows XP for
> that
> machine?
> 2. If 1. is no, how come if I acquire a upgrade version for that machine
> through Open License? (suppose I have qualified for Open License)

Borrow a copy of XP SP2 not for install, but to run the compatibility
test. I would hate to put out big bucks and find that it won't work.
I do know that most of the ME hardware drivers won't work.
Anonymous
July 20, 2005 9:27:06 AM

Archived from groups: microsoft.public.windowsxp.general (More info?)

On your ME computer, open Windows Explorer, click HELP and
select About Windows. You should see a few words in a
window, including the link to your EULA (end User License
Agreement)... here is my EULA, which is an OEM XP as sold by
MS for builders...
Microsoft(r) Windows(r) XP Professional

END-USER LICENSE AGREEMENT

IMPORTANT-READ CAREFULLY: This End-User
License Agreement ("EULA") is a legal agreement between you
(either an individual or a single legal entity) and the
manufacturer ("Manufacturer") of the computer system or
computer
system component ("HARDWARE") with which you acquired the
Microsoft software product(s) identified above ("SOFTWARE").
The
SOFTWARE includes Microsoft computer software, and may
include
associated media, printed materials, "online," or electronic
documentation and Internet based services. Note, however,
that
any software, documentation, or web services that are
included in
the SOFTWARE, or accessible via the SOFTWARE, and are
accompanied
by their own license agreements or terms of use are governed
by
such agreements rather than this EULA. The terms of a
printed,
paper EULA, which may accompany the SOFTWARE, supersede the
terms
of any on-screen EULA. This EULA is valid and grants the
end
-user rights ONLY if the SOFTWARE is genuine and a genuine
Certificate of Authenticity for the SOFTWARE is included.
For
more information on identifying whether your software is
genuine,
please see http://www.microsoft.com/piracy/howtotell.

By installing, copying, downloading, accessing or otherwise
using
the SOFTWARE, you agree to be bound by the terms of this
EULA.
If you do not agree to the terms of this EULA, you may not
use or
copy the SOFTWARE, and you should promptly contact
Manufacturer
for instructions on return of the unused product(s) in
accordance
with Manufacturer's return policies.

SOFTWARE PRODUCT LICENSE

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 you comply with all of the terms and
conditions of this EULA:

* Installation and Use. Except as otherwise expressly
provided in this EULA, you may install, use, access,
display and run only one (1) 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 Certificate of Authenticity. You may permit a
maximum of ten (10) ("Connection Maximum") computers
or other electronic devices (each a "Device") to
connect
to the COMPUTER to utilize the services of the
SOFTWARE
solely for File and Print services, Internet
Information
services, and remote access (including connection
sharing
and telephony services). The ten (10) Connection
Maximum
includes any indirect connections made through
"multiplexing" or other software or hardware which
pools
or aggregates connections. Except as otherwise
permitted
below, you may not use the Device to use, access,
display
or run the SOFTWARE, the SOFTWARE's
User Interface or other executable software residing
on the COMPUTER.

* 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 HARDWARE as a single integrated
product and may only be used with the HARDWARE. If
the
SOFTWARE is not accompanied by new 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 HARDWARE, provided
you retain no copies, if you transfer all of the
SOFTWARE
(including all component parts, the media and printed
materials, any upgrades, this EULA and the Certificate
of Authenticity), and the recipient agrees to the
terms
of this EULA. If the SOFTWARE is an upgrade, any
transfer must also include all prior versions of the
SOFTWARE.

* Mandatory Activation. THIS SOFTWARE
CONTAINS TECHNOLOGICAL MEASURES THAT
ARE DESIGNED TO PREVENT UNLICENSED
OR ILLEGAL USE OF THE SOFTWARE.
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). 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 HARDWARE or alter the
SOFTWARE.

* Security Updates. Content providers are using the
digital
rights management technology ("Microsoft DRM")
contained
in this SOFTWARE to protect the integrity of their
content ("Secure Content") so that their intellectual
property, including copyright, in such content is not
misappropriated. Owners of such Secure Content
("Secure
Content Owners") may, from time to time, request MS,
Microsoft Corporation or their subsidiaries to provide
security related updates to the Microsoft DRM
components
of the SOFTWARE ("Security Updates") that may affect
your ability to copy, display and/or play Secure
Content
through Microsoft software or third party applications
that utilize Microsoft DRM.
YOU THEREFORE AGREE THAT, IF YOU
ELECT TO DOWNLOAD A LICENSE FROM
THE INTERNET WHICH ENABLES YOUR USE
OF SECURE CONTENT, MS, MICROSOFT
CORPORATION OR THEIR SUBSIDIARIES
MAY, IN CONJUNCTION WITH SUCH
LICENSE, ALSO DOWNLOAD ONTO YOUR
COMPUTER SUCH SECURITY UPDATES THAT
A SECURE CONTENT OWNER HAS REQUESTED
THAT MS, MICROSOFT CORPORATION OR
THEIR SUBSIDIARIES DISTRIBUTE. MS,
Microsoft Corporation or their subsidiaries will not
retrieve any personally identifiable information, or
any other information, from your COMPUTER by
downloading
such Security Updates.

* Back-up Copy. IF MANUFACTURER HAS NOT
INCLUDED A BACK-UP COPY OF THE
SOFTWARE WITH THE COMPUTER ON
PHYSICAL MEDIA (e.g. CD OR
PARTITIONED HARD DRIVE), YOU MAY
MAKE A SINGLE BACK-UP COPY OF THE
SOFTWARE. You may use the back-up copy solely for
your
archival purposes and to reinstall the SOFTWARE on the
COMPUTER. Except as expressly provided in this EULA
or by local law, you may not otherwise make copies of
the SOFTWARE, including the printed materials
accompanying the SOFTWARE. You may not loan, rent,
lease, lend or otherwise transfer the CD or back-up
copy
to another user.

* Use of Previous Version Of Software. In lieu of
installing
and using Microsoft Windows XP Professional SOFTWARE,
you may install, use, access, display and run ONE of
the following versions: Microsoft Windows 2000
Professional, Microsoft Windows NT Workstation version
4.0 or Microsoft Windows 98 (Second Edition)
("Downgrade
Software") on the COMPUTER, provided (1) you agree
that
Downgrade Software support will NOT be provided
hereunder
by Manufacturer, MS or Microsoft Corporation, their
affiliates or subsidiaries: (2) you agree that neither
Manufacturer, MS nor Microsoft Corporation will
provide
you with the Downgrade Software or media; (3) you may
not loan, rent, lease, lend or otherwise transfer the
CD or back-up copy of Microsoft Windows XP
Professional
to another end user, except as otherwise provided in
the transfer provisions of this EULA; and (4) such
Downgrade Software shall be deemed "SOFTWARE" for the
purposes of this EULA and use of the Downgrade
Software
shall be in compliance with all the terms of this
EULA,
except that, with respect to Microsoft Windows 98
(Second
Edition), your Connection Maximum shall be limited to
five (5) Devices.

* Reservation of Rights. Manufacturer, Microsoft
Licensing,
Inc. ("MS") and its suppliers (including Microsoft
Corporation) reserve all rights not expressly granted
to you in this EULA.

2. DESCRIPTION OF OTHER RIGHTS AND
LIMITATIONS.

* NetMeeting/Remote Assistance/Remote Desktop Features.
SOFTWARE may contain NetMeeting, Remote Assistance,
and
Remote Desktop technologies that enable the SOFTWARE
or other applications installed on the COMPUTER to be
used remotely between two or more computers, even if
the SOFTWARE or application is installed on only one
COMPUTER. You may use NetMeeting, Remote Assistance,
and Remote Desktop with all Microsoft products;
provided
however, use of these technologies with certain
Microsoft
products may require an additional license. For
Microsoft and non-Microsoft products, you should
consult
the license agreement accompanying the applicable
product
or contact the applicable licensor to determine
whether
use of NetMeeting, Remote Assistance, or Remote
Desktop
is permitted without an additional license.

* Consent to Use of Data. You agree that MS and
Microsoft
Corporation and their affiliates may collect and use
technical information gathered in any manner as part
of the product support services provided to you, if
any,
related to the SOFTWARE. MS, Microsoft Corporation
and
their affiliates may use this information solely to
improve their products or to provide customized
services
or technologies to you. MS, Microsoft Corporation and
their affiliates may disclose this information to
others,
but not in a form that personally identifies you.

* Internet Gaming/Update Features. If you choose to
utilize
the Internet gaming or update features within the
SOFTWARE, it is necessary to use certain COMPUTER
system,
hardware, and software information to implement the
features. By using these features, you explicitly
authorize MS, Microsoft Corporation and/or their
designated agent to use this information solely to
improve our products or to provide customized services
or technologies to you. MS or Microsoft Corporation
may disclose this information to others, but not in a
form that personally identifies you.

* Internet-Based Services Components. The SOFTWARE
contains
components that enable and facilitate the use of
certain
Internet-based services. You acknowledge and agree
that
MS, Microsoft Corporation or their subsidiaries may
automatically check the version of the SOFTWARE and/or
its components that you are utilizing and may provide
upgrades or supplements to the SOFTWARE that may be
automatically downloaded to your COMPUTER.

* Language Version Selection. (i) Manufacturer may have
elected to provide you with a one-time selection of
two
or more language versions of the SOFTWARE as part of
the SOFTWARE setup process. In such event, you are
licensed to use only one of the language versions
provided. Once you have used a language version, you
are not licensed to use any of the other language
versions that Manufacturer may have included with the
COMPUTER. (ii) Notwithstanding the preceding, if
Manufacturer has elected to provide you with a
Multilingual User Interface ("MUI") for certain
language
versions with additional language version support of
the SOFTWARE, the preceding limitation to select and
use only one language version of the SOFTWARE shall
not
apply, so long as (A) you acknowledge that the MUI,
and
the language support contained therein, is a part of
the SOFTWARE, (B) you only use the MUI with the
SOFTWARE,
and (C) you comply with all of the other terms and
conditions of this EULA.

* Operating System Selection. Manufacturer may have
elected
to provide you with a selection of Microsoft operating
system software for the COMPUTER. If the SOFTWARE
PRODUCT includes more than one (1) Microsoft operating
system ("Microsoft OS"), you are licensed to use only
one of the Microsoft OS selections provided. As part
of the setup process for the SOFTWARE you will be
given
a one-time option to select one (1) Microsoft OS.
Upon
selection, the one Microsoft OS selected by you will
be set up on the COMPUTER, and the other Microsoft
OS(s)
not selected by you will be automatically and
permanently
deleted from the hard disk of the COMPUTER.

* Additional Software/Services. The terms of this EULA
apply
to Microsoft updates, supplements, add-on components,
or Internet-based services components of the SOFTWARE
("Supplemental Components") that Manufacturer, MS,
Microsoft Corporation or their subsidiaries may
provide
to you or make available to you after the date you
obtain
your initial copy of the SOFTWARE, unless other terms
are provided along with such Supplemental Components.
If other terms are not provided along with such
Supplemental Components and the Supplemental
Components
are provided to you by MS, Microsoft Corporation or a
Microsoft subsidiary then you will be licensed by such
entity under the same terms and conditions of this
EULA,
except that the MS, Microsoft Corporation or
Microsoft
subsidiary entity providing the Supplemental
Components
will be the licensor with respect to such components
in lieu of the "Manufacturer" for the purposes of the
EULA, including, without limitation the Limited
Warranty
Appendix. THE LIMITED WARRANTY (IF
ANY) INCLUDED WITH OR IN THIS EULA
APPLIES TO SUCH SUPPLEMENTAL
COMPONENTS (IF ANY) PROVIDED THAT
YOU LICENSED THE SUPPLEMENTAL
COMPONENTS WITHIN THE ORIGINAL TERM
OF THE LIMITED WARRANTY. HOWEVER,
PROVISION OF THE SUPPLEMENTAL
COMPONENTS DOES NOT EXTEND THE TIME
PERIOD FOR WHICH THE LIMITED WARRANTY
IS PROVIDED. ALL OTHER DISCLAIMERS,
EXCLUSIONS OF DAMAGES, AND
LIMITATIONS OF LIABILITY AND REMEDIES
SET FORTH IN THIS EULA SHALL APPLY
TO SUCH SUPPLEMENTAL COMPONENTS.

Manufacturer, MS, Microsoft Corporation and their
subsidiaries reserves the right to discontinue any
Microsoft Internet-based services provided to you or
made available to you through the use of the SOFTWARE.


This EULA does not grant you any rights to use the
Windows
Media Format Software Development Kit ("WMFSDK")
components contained in the SOFTWARE to develop a
software application that uses Windows Media
technology.
If you wish to use the WMFSDK to develop such an
application, visit
http://msdn.microsoft.com/workshop/imedia/windowsmedia/...,
accept a separate license for the WMFSDK, download the
appropriate WMFSDK, and install it on your system.

* Limitations on Reverse Engineering, Decompilation and
Disassembly. You may not reverse engineer, decompile,
or disassemble the SOFTWARE, except and only to the
extent that such activity is expressly permitted by
applicable law notwithstanding this limitation.

* Separation of Components. The SOFTWARE is licensed as
a
single product. Its component parts may not be
separated
for use on more than one computer.

* Single EULA. The package for the SOFTWARE may contain
multiple versions of this EULA, such as multiple
translations and/or multiple media versions (e.g., in
the user documentation and in the software). In this
case, you are only licensed to use one (1) copy of the
SOFTWARE.

* Termination. Without prejudice to any other rights,
Manufacturer or MS may cancel this EULA if you do not
abide by the terms and conditions contained herein.
In such event, you must destroy all copies of the
SOFTWARE and all of its component parts.

* Trademarks. This EULA does not grant you any rights
in
connection with any trademarks or service marks of
Manufacturer, MS or its suppliers (including Microsoft
Corporation).

3. UPGRADES. If the SOFTWARE is labeled as an upgrade, you
must
be properly licensed to use a product identified by MS
or
Microsoft Corporation as being eligible for the upgrade
in
order to use the SOFTWARE ("Eligible Product"). For the
purpose of upgrade(s) only, "HARDWARE" shall mean the
computer system or computer system component with which
you
received the Eligible Product. SOFTWARE labeled as an
upgrade replaces and/or supplements (and may disable, if
upgrading a Microsoft software product) the Eligible
Product which came with the HARDWARE. After upgrading,
you
may no longer use the SOFTWARE that formed the basis for
your upgrade eligibility (unless otherwise provided).
You
may use the resulting upgraded product only in
accordance
with the terms of this EULA and only with the HARDWARE.
If
the SOFTWARE is an upgrade of a component of a package
of
software programs that you licensed as a single product,
the SOFTWARE may be used and transferred only as part of
that single product package and may not be separated for
use on more than one computer.

4. INTELLECTUAL PROPERTY RIGHTS. All title
and intellectual property rights in and to the SOFTWARE
(including but not limited to any images, photographs,
animations, video, audio, music, text and "applets,"
incorporated into the SOFTWARE), the accompanying
printed
materials, and any copies of the SOFTWARE, are owned by
MS or its suppliers (including Microsoft Corporation).
The
SOFTWARE is licensed, not sold. All title and
intellectual
property rights in and to the content that is not
contained
in the SOFTWARE, but which may be accessed through use
of
the SOFTWARE is the property of the respective content
owner and may be protected by applicable copyright or
other
intellectual property laws and treaties. Use of any on-
line services which may be accessed through the SOFTWARE
may be governed by the respective terms of use relating
to
such services. If this SOFTWARE contains documentation
that is provided only in electronic form, you may print
one
copy of such electronic documentation. You may not copy
the printed materials accompanying the SOFTWARE.

5. PRODUCT SUPPORT. SOFTWARE support for the
SOFTWARE is not provided by MS, Microsoft Corporation,
or
their affiliates or subsidiaries. For product support,
please refer to Manufacturer's support number provided
in
the documentation for the HARDWARE. Should you have any
questions concerning this EULA, or if you desire to
contact
Manufacturer for any other reason, please refer to the
address provided in the documentation for the HARDWARE.

6. EXPORT RESTRICTIONS. You acknowledge
that the SOFTWARE is subject to U.S. export
jurisdiction.
You agree to comply with all applicable international
and
national laws that apply to the products, including the
U.S.
Export Administration Regulations, as well as end-user,
end-use and destination restrictions issued by U.S. and
other governments. For additional information, see
http://www.microsoft.com/exporting/.

7. U.S. GOVERNMENT LICENSE RIGHTS. All
SOFTWARE PRODUCT provided to the U.S.
Government pursuant to solicitations issued on or after
December 1, 1995 is provided with the commercial rights
and
restrictions described elsewhere herein. All SOFTWARE
provided to the U.S. Government pursuant to
solicitations
issued prior to December 1, 1995 is provided with
RESTRICTED RIGHTS as provided for in
FAR, 48 CFR 52.227-14 (JUNE 1987) or FAR, 48 CFR
252.227-
7013 (OCT 1988), as applicable.

8. ADDITIONAL PROVISIONS. FOR THE LIMITED
WARRANTIES, LIMITATION OF LIABILITY,
AND OTHER SPECIAL PROVISIONS, PLEASE
REFER TO THE ADDITIONAL PROVISIONS
PROVIDED BELOW AND/OR OTHERWISE WITH
THE SOFTWARE. SUCH LIMITED WARRANTIES,
LIMITATION OF LIABILITY AND SPECIAL
PROVISIONS ARE AN INTEGRAL PART OF THIS
EULA.



APPENDIX

WARRANTY AND SPECIAL PROVISIONS FOR
AUSTRALIA, NEW ZEALAND OR PAPUA NEW GUINEA



EXPRESS LIMITED WARRANTY


CONSUMER RIGHTS. Consumers may have the benefit of certain
rights or remedies pursuant to the Trade Practices Act and
similar state and territory laws in Australia or the
Consumer
Guarantees Act in New Zealand, in respect of which certain
liability may not be excluded.

LIMITED EXPRESS WARRANTY. Manufacturer
warrants that: (a) the SOFTWARE will perform substantially
in
accordance with the accompanying Product Manual(s) for a
period
of 90 days from the date of receipt; and (b) any Microsoft
hardware accompanying SOFTWARE will be free from defects in
materials and workmanship under normal use and service for a
period of 1 year from the date of receipt.

CUSTOMER REMEDIES. To the maximum extent permitted under
applicable law, Manufacturer's and its supplier's entire
liability and your exclusive remedy under the express
warranty
is, at Manufacturer's option, either (a) return of the
price paid; or (b) repair or replacement of the SOFTWARE or
Microsoft hardware which does not meet the warranty and
which is
returned to Manufacturer with a copy of your receipt. The
warranty is void if failure of the SOFTWARE or Microsoft
hardware
has resulted from accident, abuse or misapplication. Any
replacement SOFTWARE and/or Microsoft hardware will be
warranted
for the remainder of the original warranty period or 30
days,
whichever is longer.

LIMITATION OF LIABILITY. To the maximum
extent permitted by applicable law, any conditions or
warranties
imposed or implied by law are hereby excluded. Consumers
may
nevertheless have the benefit of certain rights or remedies
pursuant to the Trade Practices Act and similar state and
territory laws in Australia or the Consumer Guarantees Act
in New
Zealand, in respect of which liability may not be excluded.
Insofar as such liability may not be excluded, then to the
maximum extent permitted by law, such liability is limited,
at
the exclusive option of Manufacturer, to either (a)
replacement
of the SOFTWARE (and any accompanying hardware supplied); or
(b)
correction of defects in the SOFTWARE; or (c) payment of the
cost
of having defects in the SOFTWARE (and any accompanying
hardware
supplied).

EXCLUSION OF LIABILITY/DAMAGES. The
following is without prejudice to any rights you may have at
law
which cannot legally be excluded or restricted. You
acknowledge
that no promise, representation, warranty or undertaking has
been
made or given by Manufacturer and/or Microsoft Corporation
(or
related company of either) to any person or company on its
behalf
in relation to the profitability of or any other
consequences or
benefits to be obtained from the delivery or use of the
SOFTWARE
and any accompanying Microsoft hardware, software, manuals
or
written materials. You have relied upon your own skill and
judgement in deciding to acquire the SOFTWARE and any
accompanying hardware, manuals and written materials for use
by
you. Except as and to the extent provided in this
agreement,
neither Manufacturer and/or Microsoft Corporation (or
related
company of either) will in any circumstances be liable for
any
other damages whatsoever (including, without limitation,
damages
for loss of business, business interruption, loss of
business
information or other indirect or consequential loss) arising
out
of the use or inability to use or supply or non-supply of
the
SOFTWARE and any accompanying hardware and written
materials.
Manufacturer's and/or Microsoft Corporation (or related
company
of either) total liability under any provision of this
agreement
is in any case limited to the amount actually paid by you
for the
SOFTWARE and/or Microsoft hardware.

This agreement is governed by the laws of New South Wales,
Australia or, where supplies are made in New Zealand, by the
laws
of New Zealand.



APPENDIX

WARRANTY AND SPECIAL PROVISIONS FOR
ENGLAND, SCOTLAND, WALES AND IRELAND



LIMITED WARRANTY

LIMITED WARRANTY. Manufacturer warrants that (a) the
SOFTWARE
will perform substantially in accordance with the
accompanying
written materials for a period of ninety (90) days from the
date
of receipt, and (b) any Microsoft hardware accompanying the
SOFTWARE will be free from defects in materials and
workmanship
under normal use and service for a period of one (1) year
from
the date of receipt. Any implied warranties on the SOFTWARE
and
Microsoft hardware are limited to ninety (90) days and one
(1)
year, respectively. Some states/jurisdictions do not allow
limitations on duration of an implied warranty, so the above
limitation may not apply to you.

CUSTOMER REMEDIES. Manufacturer's and its suppliers' entire
liability and your exclusive remedy shall be, at
Manufacturer's
option, either (a) return of the price paid, or (b) repair
or
replacement of the SOFTWARE or hardware that does not meet
this
Limited Warranty and which is returned to Manufacturer with
a
copy of your receipt. This Limited Warranty is void if
failure
of the SOFTWARE or hardware has resulted from accident,
abuse, or
misapplication. Any replacement SOFTWARE or hardware will
be
warranted for the remainder of the original warranty period
or
thirty (30) days, whichever is longer.

NO OTHER WARRANTIES. To the maximum extent permitted by
applicable law, Manufacturer and its suppliers disclaim all
other
representations, warranties, conditions or other terms,
either
express or implied, including, but not limited to implied
warranties amd/or conditions of merchantability and fitness
for a
particular purpose, with regard to the SOFTWARE, the
accompanying
written materials, and any accompanying hardware. This
limited
warranty gives you specific legal rights. You may have
others
which vary from state/jurisdiction to state/jurisdiction.

NO LIABILITY FOR CONSEQUENTIAL DAMAGES. To
the maximum extent permitted by applicable law, in no event
shall
Manufacturer or its suppliers be liable for any damages
whatsoever (including without limitation, direct or indirect
damages for personal injury, loss of business profits,
business
interruption, loss of business information, or any other
pecuniary loss) arising out of the use of or inability to
use
this product, even if Manufacturer has been advised of the
possibility of such damages. In any case, Manufacturer's
and its
suppliers' entire liability under any provision of this
agreement
shall be limited to the amount actually paid by you for the
SOFTWARE and/or Microsoft hardware. Because some states
/jurisdictions do not allow the exclusion or limitation of
liability for consequential or incidental damages, the above
limitation may not apply to you.

SPECIAL PROVISIONS

Reverse Engineering: If you acquired the SOFTWARE in the
European Community, you may not reverse engineer, decompile,
or
dissassemble the SOFTWARE except to the extent and for the
express purposes authorized by applicable law.



This Software License Agreement is governed by the laws
of England.



APPENDIX

WARRANTY AND SPECIAL PROVISIONS FOR
CANADA


LIMITED WARRANTY

LIMITED WARRANTY. Manufacturer warrants that (a) the
SOFTWARE
will perform substantially in accordance with the
accompanying
written materials for a period of ninety (90) days from the
date
of receipt, and (b) any Microsoft hardware accompanying the
SOFTWARE will be free from defects in materials and
workmanship
under normal use and service for a period of one (1) year
from
the date of receipt. Any implied warranties or conditions
on the
SOFTWARE and Microsoft hardware are limited to ninety (90)
days
and one (1) year, respectively. Some states/jurisdictions
do not
allow limitations on duration of an implied warranty, so the
above limitation may not apply to you.

CUSTOMER REMEDIES. Manufacturer's and its suppliers' entire
liability and your exclusive remedy shall be, at
Manufacturer's
option, either (a) return of the price paid, or (b) repair
or
replacement of the SOFTWARE or hardware that does not meet
this
Limited Warranty and which is returned to Manufacturer with
a
copy of your receipt. This Limited Warranty is void if
failure
of the SOFTWARE or hardware has resulted from accident,
abuse, or
misapplication. Any replacement SOFTWARE or hardware will
be
warranted for the remainder of the original warranty period
or
thirty (30) days, whichever is longer.

NO OTHER WARRANTIES. To the maximum extent permitted by
applicable law, Manufacturer and its suppliers disclaim all
other
warranties, either express or implied, including, but not
limited
to implied warranties of merchantability and fitness for a
particular purpose, with regard to the SOFTWARE, the
accompanying
written materials, and any accompanying hardware. This
limited
warranty gives you specific legal rights. You may have
others
which vary from state/jurisdiction to state/jurisdiction.

NO LIABILITY FOR CONSEQUENTIAL DAMAGES. To
the maximum extent permitted by applicable law, in no event
shall
Manufacturer or its suppliers be liable for any damages
whatsoever (including without limitation, direct or indirect
damages for personal injury, loss of business profits,
business
interruption, loss of business information, or any other
pecuniary loss) arising out of the use of or inability to
use
this product, even if Manufacturer has been advised of the
possibility of such damages. In any case, Manufacturer's
and its
suppliers' entire liability under any provision of this
agreement
shall be limited to the amount actually paid by you for the
SOFTWARE and/or Microsoft hardware. Because some states
/jurisdictions do not allow the exclusion or limitation of
liability for consequential or incidental damages, the above
limitation may not apply to you.


This Software License Agreement is governed by the laws of
the
Province of Ontario, Canada. Each of the parties hereto
irrevocably attorns to the jurisdiction of the courts of the
Province of Ontario and further agrees to commence any
litigation
which may arise hereunder in the courts located in the
Judicial
District of York, Province of Ontario.



APPENDIX

WARRANTY AND SPECIAL PROVISIONS FOR
THE UNITED STATES OF AMERICA AND ANY OTHER
COUNTRY


LIMITED WARRANTY

LIMITED WARRANTY. Manufacturer warrants that (a) the
SOFTWARE
will perform substantially in accordance with the
accompanying
written materials for a period of ninety (90) days from the
date
of receipt, and (b) any Microsoft hardware accompanying the
SOFTWARE will be free from defects in materials and
workmanship
under normal use and service for a period of one (1) year
from
the date of receipt. Any implied warranties on the SOFTWARE
and
Microsoft hardware are limited to ninety (90) days and one
(1)
year, respectively. Some states/jurisdictions do not allow
limitations on duration of an implied warranty, so the above
limitation may not apply to you.

CUSTOMER REMEDIES. Manufacturer's and its suppliers' entire
liability and your exclusive remedy shall be, at
Manufacturer's
option, either (a) return of the price paid, or (b) repair
or
replacement of the SOFTWARE or hardware that does not meet
this
Limited Warranty and which is returned to Manufacturer with
a
copy of your receipt. This Limited Warranty is void if
failure
of the SOFTWARE or hardware has resulted from accident,
abuse, or
misapplication. Any replacement SOFTWARE or hardware will
be
warranted for the remainder of the original warranty period
or
thirty (30) days, whichever is longer.

NO OTHER WARRANTIES. To the maximum extent permitted by
applicable law, Manufacturer and its suppliers disclaim all
other
warranties, either express or implied, including, but not
limited
to implied warranties of merchantability and fitness for a
particular purpose, with regard to the SOFTWARE, the
accompanying
written materials, and any accompanying hardware. This
limited
warranty gives you specific legal rights. You may have
others
which vary from state/jurisdiction to state/jurisdiction.

NO LIABILITY FOR CONSEQUENTIAL DAMAGES. To
the maximum extent permitted by applicable law, in no event
shall
Manufacturer or its suppliers be liable for any damages
whatsoever (including without limitation, special,
incidental,
consequential, or indirect damages for personal injury, loss
of
business profits, business interruption, loss of business
information, or any other pecuniary loss) arising out of the
use
of or inability to use this product, even if Manufacturer
has
been advised of the possibility of such damages. In any
case,
Manufacturer's and its suppliers' entire liability under any
provision of this agreement shall be limited to the amount
actually paid by you for the SOFTWARE and/or Microsoft
hardware.
Because some states/jurisdictions do not allow the exclusion
or
limitation of liability for consequential or incidental
damages,
the above limitation may not apply to you.


SPECIAL PROVISIONS

U.S. GOVERNMENT LICENSE RIGHTS. All SOFTWARE
provided to the U.S. Government pursuant to solicitations
issued
on or after December 1, 1995 is provided with the commercial
license rights and restrictions described in this EULA. All
SOFTWARE provided to the U.S. Government pursuant to
solicitations issued prior to December 1, 1995 is
provided with "Restricted Rights" as provided for in FAR, 48
CFR
52.227-14 (JUNE 1987) or DFAR, 48 CFR 252.227-7013 (OCT
1988),
as applicable. Manufacturer is responsible for ensuring the
SOFTWARE is marked with the "Restricted Rights Notice" or
"Restricted Rights Legend," as required. All rights not
expressly
granted are reserved.

If you acquired the SOFTWARE in the United States of
America,
this Software License Agreement and Warranty are governed by
the
laws of the State of Washington, U.S.A. If you acquired the
SOFTWARE outside the United States of America, local law
may apply.

EULAID:WX.1_PRO_OEM_EN




--
The people think the Constitution protects their rights;
But government sees it as an obstacle to be overcome.
some support
http://www.usdoj.gov/olc/secondamendment2.htm



"Lekkei" <Lekkei@discussions.microsoft.com> wrote in message
news:E138F006-2FB2-4DED-8B73-FF796513B07F@microsoft.com...
| This is exactly what I want to find! Where can I obtain
the black and white
| document from Microsoft stating this answer?
|
| "Jim Macklin" wrote:
|
| > The OEM may certainly be upgraded, you just can't move
the
| > OEM to another computer.
| >
| >
| > --
| > The people think the Constitution protects their rights;
| > But government sees it as an obstacle to be overcome.
| > some support
| > http://www.usdoj.gov/olc/secondamendment2.htm
| >
| >
| >
| > "Lekkei" <Lekkei@discussions.microsoft.com> wrote in
message
| >
news:F586EB74-5DA8-4C45-8BD2-08BB6B00289E@microsoft.com...
| > | What I concern is whether it is legal to upgrade an
OEM
| > Windows by buying the
| > | retail upgrade package (as stated it is the cheapest
way
| > to upgrade), or
| > | should I purchase for a full retail package for the
| > machine running OEM
| > | Windows in order to upgrade.
| > |
| > | In other words, retail upgrade package is for the
machine
| > which comes with
| > | OS or previous version of Windows. Using upgrade
version
| > for a new machine
| > | will treated as illegal and possibly causing license
issue
| > (please correct me
| > | if I am wrong). So I wonder if those retail upgrade
| > package is also
| > | applicable for the machine with OEM Windows.
| > |
| > | "Jim Macklin" wrote:
| > |
| > | > Any retail store that sells software (office stores,
| > | > computer stores and Wal-Mart or Sam's) have Windows
XP
| > | > Upgrade (two versions Home or Pro) and they will
upgrade
| > in
| > | > place or allow you to do a clean install (as long as
you
| > | > have the ME CDs or ME is still installed.)
| > | > You can also buy on-line from many authorized
dealers.
| > see
| > | > www.pricewatch.com
| > | >
| > | >
| > | >
| > | > --
| > | > The people think the Constitution protects their
rights;
| > | > But government sees it as an obstacle to be
overcome.
| > | > some support
| > | > http://www.usdoj.gov/olc/secondamendment2.htm
| > | >
| > | >
| > | >
| > | > "Lekkei" <Lekkei@discussions.microsoft.com> wrote in
| > message
| > | >
| >
news:88AD0BBC-346C-430D-9770-0B0059126B3E@microsoft.com...
| > | > | One computer comes with OEM Windows Me and is
planning
| > to
| > | > upgrade to Windows
| > | > | XP Pro. I would like to know:
| > | > | 1. Is it possible to acquire a retail upgrade
version
| > of
| > | > Windows XP for that
| > | > | machine?
| > | > | 2. If 1. is no, how come if I acquire a upgrade
| > version
| > | > for that machine
| > | > | through Open License? (suppose I have qualified
for
| > Open
| > | > License)
| > | >
| > | >
| > | >
| >
| >
| >
!