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Vista - Anytime Upgrade has a one-time transfer clause.

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Old 01-31-2007   #1 (permalink)
Colin Barnhorst


 
 

Anytime Upgrade has a one-time transfer clause.

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.

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."

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."


My System SpecsSystem Spec
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]

My System SpecsSystem Spec
Old 02-02-2007   #3 (permalink)
Colin Barnhorst


 
 

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

The one time restriction is not per user but per machine. You can pass the
machine around like 99 bottles of beer, but the AU can only be transferred
with the underlying Vista from the original machine to one other machine.
After that you can transfer the underlying retail copy of Vista again but
you would need to purchase a new AU.

"Rock" <rock@nospam.net> wrote in message
news:uP52z%23cRHHA.4448@TK2MSFTNGP04.phx.gbl...
> "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]


My System SpecsSystem Spec
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