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Old 02-01-2007   #2 (permalink)
Rock


 
 

Re: Anytime Upgrade has a one-time transfer clause.

"Colin Barnhorst" wrote

> Why I don't like Anytime Upgrade.
>
> From the End User License Agreement in Vista itself:
>
> "15. REASSIGN TO ANOTHER DEVICE.
> a. Software Other than Windows Anytime Upgrade. You may uninstall the
> software and
> install it on another device for your use. You may not do so to share this
> license between
> devices.
> b. Windows Anytime Upgrade Software. The first user of the software may
> reassign the
> license to another device one time, but only if the license terms of the
> software you upgraded
> from allows reassignment."
>
> While the one-time transfer clause was lifted for retail editions of
> Vista, it is in force for AU. Think about that one.


Why would the restriction have been lifted for the the original software but
not for the AU? Makes no sense.

> And as far as selling your computer or giving it to somone, the EULA has
> this to say:
>
> 16. TRANSFER TO A THIRD PARTY.
> a. Software Other Than Windows Anytime Upgrade. The first user of the
> software may
> make a one time transfer of the software, and this agreement, directly to
> a third party. The first
> user must uninstall the software before transferring it separately from
> the device. The first user
> may not retain any copies.
> b. Windows Anytime Upgrade Software. You may transfer the software
> directly to a third
> party only with the licensed device. You may not keep any copies of the
> software or any earlier
> version.
> c. Other Requirements. Before any permitted transfer, the other party must
> agree that this
> agreement applies to the transfer and use of the software. The transfer
> must include the proof
> of license."


For the transfer of Software other than AU software, does the restriction
"may make a one time transfer" mean the second user can't then transfer it
to third user? If the second user can transfer it, and returns it to the
first user, does it mean the first user can't transfer it again?

Makes me think of the Marx brothers scene in."A Night At the Opera", where
Groucho and Chico are negotiating a written contract for the rights to an
opera singer. " I no lika that part" to the sound of paper being torn.

> What is proof of license when you have added an AU to your Vista?
>
> "b. Windows Anytime Upgrade License. If you upgrade the software using
> Windows Anytime
> Upgrade, your proof of license is identified by
> · the genuine Microsoft proof of license label for the software you
> upgraded from,
> · a digital license stored in the digital locker at Windows Marketplace,
> and
> · proof of purchase from a Windows Anytime Upgrade merchant that
> identifies the software."
>
> It's things like this that make me love full editions!
>
> It appears that you can only move an AU to one other machine but the whole
> machine could be passed from relative to relative or sold first by one
> person and then another any number of times and still be in compliance.
> Sounds a little goofy at first, but makes sense when you think about it a
> while.
>
> The AU team told us in a TechBeta chat that this was "a work in progress."


Have you seen an OEM EULA yet?

--
Rock [MVP - User/Shell]

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