Should I buy upgrade or full version of Windows XP?

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)
7 answers Last reply
More about should upgrade full version windows
  1. 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)
  2. 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)
    >
    >
    >
  3. 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)
    >>
    >>
    >>
  4. 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)
    | >
    | >
    | >
  5. 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)
    > | >
    > | >
    > | >
    >
    >
    >
  6. 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.
  7. 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
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    If you do not agree to the terms of this EULA, you may not
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    copy the SOFTWARE, and you should promptly contact
    Manufacturer
    for instructions on return of the unused product(s) in
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    with Manufacturer's return policies.

    SOFTWARE PRODUCT LICENSE

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    solely for File and Print services, Internet
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    services, and remote access (including connection
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    and telephony services). The ten (10) Connection
    Maximum
    includes any indirect connections made through
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    pools
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    * Software as a Component of the Computer - Transfer.
    THIS
    LICENSE MAY NOT BE SHARED,
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    is licensed with the HARDWARE as a single integrated
    product and may only be used with the HARDWARE. If
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    * Mandatory Activation. THIS SOFTWARE
    CONTAINS TECHNOLOGICAL MEASURES THAT
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    SOFTWARE if you modify your HARDWARE or alter the
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    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
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    * Back-up Copy. IF MANUFACTURER HAS NOT
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    PARTITIONED HARD DRIVE), YOU MAY
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    archival purposes and to reinstall the SOFTWARE on the
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    or by local law, you may not otherwise make copies of
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    to another user.

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    ("Downgrade
    Software") on the COMPUTER, provided (1) you agree
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    hereunder
    by Manufacturer, MS or Microsoft Corporation, their
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    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
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    except that, with respect to Microsoft Windows 98
    (Second
    Edition), your Connection Maximum shall be limited to
    five (5) Devices.

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    Inc. ("MS") and its suppliers (including Microsoft
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    is permitted without an additional license.

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    * Internet-Based Services Components. The SOFTWARE
    contains
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    conditions of this EULA.

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    elected
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    apply
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    Components
    are provided to you by MS, Microsoft Corporation or a
    Microsoft subsidiary then you will be licensed by such
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    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
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    ANY) INCLUDED WITH OR IN THIS EULA
    APPLIES TO SUCH SUPPLEMENTAL
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    COMPONENTS WITHIN THE ORIGINAL TERM
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    COMPONENTS DOES NOT EXTEND THE TIME
    PERIOD FOR WHICH THE LIMITED WARRANTY
    IS PROVIDED. ALL OTHER DISCLAIMERS,
    EXCLUSIONS OF DAMAGES, AND
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    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/sdk/wmsdk.asp,
    accept a separate license for the WMFSDK, download the
    appropriate WMFSDK, and install it on your system.

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    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
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    separated
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    multiple versions of this EULA, such as multiple
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    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)
    | > | >
    | > | >
    | > | >
    | >
    | >
    | >
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