Windows Vista Forums

OEM EULA question
  1. #1


    Brian W Guest

    OEM EULA question

    Just reading through the OEM EULA on my Vista Ultimate (it is labelled as
    EN-US even though I'm in the UK, so I won't go into the legalities or
    otherwise of it here!) I built my own PC, and have a generic OEM Vista
    disc.

    At the start, it says:-


    INSTALLATION AND USE RIGHTS. The software license is permanently assigned
    to the device with which you acquired the software. That device is the
    "licensed device." A hardware partition is considered to be a separate
    device.


    So, the HDD Windows is installed on is the licensed device, according to
    this. (A 'hardware partition' is, by definition, a partition on a HDD).
    Also, I acquired the software without any hardware (perfectly legal in the
    UK/Europe).





    Further down, we have:

    TRANSFER TO A THIRD PARTY. 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. 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 Certificate of Authenticity
    label.


    So, if the licensed device is the HDD Windows is installed on, where in the
    EULA does it state that changing the motherboard is considered as changing
    the computer? If I read this right, I could change every component except
    the original HDD and still be complying with the EULA as it's written.


    Thoughts on this please


      My System SpecsSystem Spec

  2. #2


    Beck Guest

    Re: OEM EULA question


    "Brian W" <brian.wescombeSODOFF@ntlSPAMworld.com> wrote in message
    news:fmsyh.1790$mn2.196@newsfe7-win.ntli.net...
    > Just reading through the OEM EULA on my Vista Ultimate (it is labelled as
    > EN-US even though I'm in the UK, so I won't go into the legalities or
    > otherwise of it here!) I built my own PC, and have a generic OEM Vista
    > disc.
    >
    > At the start, it says:-
    >
    >
    > INSTALLATION AND USE RIGHTS. The software license is permanently assigned
    > to the device with which you acquired the software. That device is the
    > "licensed device." A hardware partition is considered to be a separate
    > device.
    >
    >
    > So, the HDD Windows is installed on is the licensed device, according to
    > this. (A 'hardware partition' is, by definition, a partition on a HDD).
    > Also, I acquired the software without any hardware (perfectly legal in the
    > UK/Europe).
    >
    >
    >
    > Further down, we have:
    >
    > TRANSFER TO A THIRD PARTY. 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. 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 Certificate of
    > Authenticity label.
    >
    >
    > So, if the licensed device is the HDD Windows is installed on, where in
    > the EULA does it state that changing the motherboard is considered as
    > changing the computer? If I read this right, I could change every
    > component except the original HDD and still be complying with the EULA as
    > it's written.
    >
    >
    > Thoughts on this please


    It says nothing in my EULA about motherboards.


      My System SpecsSystem Spec

  3. #3


    Dennis Pack Guest

    Re: OEM EULA question

    Brian:
    With XP and earlier the motherboard was classified as the main
    component. As you pointed out the hard drive is the main component with
    Vista. Have a great day.

    --
    Dennis Pack
    XP x64, Vista Enterprise x64
    Office2007
    "Brian W" <brian.wescombeSODOFF@ntlSPAMworld.com> wrote in message
    news:fmsyh.1790$mn2.196@newsfe7-win.ntli.net...
    > Just reading through the OEM EULA on my Vista Ultimate (it is labelled as
    > EN-US even though I'm in the UK, so I won't go into the legalities or
    > otherwise of it here!) I built my own PC, and have a generic OEM Vista
    > disc.
    >
    > At the start, it says:-
    >
    >
    > INSTALLATION AND USE RIGHTS. The software license is permanently assigned
    > to the device with which you acquired the software. That device is the
    > "licensed device." A hardware partition is considered to be a separate
    > device.
    >
    >
    > So, the HDD Windows is installed on is the licensed device, according to
    > this. (A 'hardware partition' is, by definition, a partition on a HDD).
    > Also, I acquired the software without any hardware (perfectly legal in the
    > UK/Europe).
    >
    >
    >
    > Further down, we have:
    >
    > TRANSFER TO A THIRD PARTY. 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. 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 Certificate of
    > Authenticity label.
    >
    >
    > So, if the licensed device is the HDD Windows is installed on, where in
    > the EULA does it state that changing the motherboard is considered as
    > changing the computer? If I read this right, I could change every
    > component except the original HDD and still be complying with the EULA as
    > it's written.
    >
    >
    > Thoughts on this please
    >



      My System SpecsSystem Spec

  4. #4


    Beck Guest

    Re: OEM EULA question


    "Dennis Pack" <dennispack@hotmail.nospam.com> wrote in message
    news:0299A503-A22A-427A-954E-EE97EF8CD622@microsoft.com...
    > Brian:
    > With XP and earlier the motherboard was classified as the main
    > component. As you pointed out the hard drive is the main component with
    > Vista. Have a great day.


    Its interesting they state partition.

    Now say for example I install Vista on C: drive.

    Then later down the road I decide I need XP back with Vista, so I dual boot,
    put XP on C: and Vista on D:, I am moving the partition which Vista is
    originally installed. Would that invalidate Vista?


      My System SpecsSystem Spec

  5. #5


    Sly Dog Guest

    Re: OEM EULA question

    Sounds to me like the hard drive is the hardware device VISTA is tied to.
    So, changing out the mainboard does not violate the EULA.

    That makes sense to me since the hard drive is the device on which the
    actual software installation resides.

    I'm not sure whether that explains why moving my OS drive from one
    controller port to another causes VISTA to de-activate... Has anyone else
    experienced this issue?


    "Beck" <beck@none> wrote in message
    news:e4cFCtwSHHA.4956@TK2MSFTNGP04.phx.gbl...
    >
    > "Dennis Pack" <dennispack@hotmail.nospam.com> wrote in message
    > news:0299A503-A22A-427A-954E-EE97EF8CD622@microsoft.com...
    >> Brian:
    >> With XP and earlier the motherboard was classified as the main
    >> component. As you pointed out the hard drive is the main component with
    >> Vista. Have a great day.

    >
    > Its interesting they state partition.
    >
    > Now say for example I install Vista on C: drive.
    >
    > Then later down the road I decide I need XP back with Vista, so I dual
    > boot, put XP on C: and Vista on D:, I am moving the partition which Vista
    > is originally installed. Would that invalidate Vista?



      My System SpecsSystem Spec

  6. #6


    Dennis Pack Guest

    Re: OEM EULA question

    Beck:
    I don't have that answer. It may be tied to the hard drive serial
    number. There was a problem with Vista requesting activation after rebooting
    because the raid driver was changing the volume serial number every reboot.

    --
    Dennis Pack
    XP x64, Vista Enterprise x64
    Office2007
    "Beck" <beck@none> wrote in message
    news:e4cFCtwSHHA.4956@TK2MSFTNGP04.phx.gbl...
    >
    > "Dennis Pack" <dennispack@hotmail.nospam.com> wrote in message
    > news:0299A503-A22A-427A-954E-EE97EF8CD622@microsoft.com...
    >> Brian:
    >> With XP and earlier the motherboard was classified as the main
    >> component. As you pointed out the hard drive is the main component with
    >> Vista. Have a great day.

    >
    > Its interesting they state partition.
    >
    > Now say for example I install Vista on C: drive.
    >
    > Then later down the road I decide I need XP back with Vista, so I dual
    > boot, put XP on C: and Vista on D:, I am moving the partition which Vista
    > is originally installed. Would that invalidate Vista?



      My System SpecsSystem Spec

  7. #7


    Michael Cecil Guest

    Re: OEM EULA question

    On Wed, 07 Feb 2007 22:26:19 GMT, "Brian W"
    <brian.wescombeSODOFF@ntlSPAMworld.com> wrote:


    >INSTALLATION AND USE RIGHTS. The software license is permanently assigned
    >to the device with which you acquired the software. That device is the
    >"licensed device." A hardware partition is considered to be a separate
    >device.


    I got my OEM copy with a set of harddrive screws. I guess this means I
    must transfer those screws to the new computer when I upgrade. Darn!
    --
    Michael Cecil
    http://home.comcast.net/~macecil/
    http://home.comcast.net/~safehex/
    http://home.comcast.net/~macecil/hackingvista/

      My System SpecsSystem Spec

  8. #8


    Alias Guest

    Re: OEM EULA question

    Brian W wrote:
    > Just reading through the OEM EULA on my Vista Ultimate (it is labelled
    > as EN-US even though I'm in the UK, so I won't go into the legalities or
    > otherwise of it here!) I built my own PC, and have a generic OEM Vista
    > disc.
    >
    > At the start, it says:-
    >
    >
    > INSTALLATION AND USE RIGHTS. The software license is permanently
    > assigned to the device with which you acquired the software. That
    > device is the "licensed device." A hardware partition is considered to
    > be a separate device.
    >
    >
    > So, the HDD Windows is installed on is the licensed device, according to
    > this. (A 'hardware partition' is, by definition, a partition on a HDD).
    > Also, I acquired the software without any hardware (perfectly legal in
    > the UK/Europe).
    >
    >
    >
    > Further down, we have:
    >
    > TRANSFER TO A THIRD PARTY. 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. 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 Certificate of
    > Authenticity label.
    >
    >
    > So, if the licensed device is the HDD Windows is installed on, where in
    > the EULA does it state that changing the motherboard is considered as
    > changing the computer? If I read this right, I could change every
    > component except the original HDD and still be complying with the EULA
    > as it's written.
    >
    >
    > Thoughts on this please
    >


    So, if the hard drive goes south, you have to buy another license? How
    cute. Another reason to wait for Vista because this will cause a lot of
    flack and, hopefully, they will come to their senses and change this
    ridiculous requirement.

    Alias

      My System SpecsSystem Spec

  9. #9


    Alias Guest

    Re: OEM EULA question

    Dennis Pack wrote:
    > Brian:
    > With XP and earlier the motherboard was classified as the main
    > component.


    False. Show me a generic XP OEM EULA that mentions the motherboard once
    or specifies *any* hardware as the "main component". I have changed
    motherboards on one machine running XP Home three times and it has
    activated every time over the net, no problems. In fact, the only thing
    that machine has that hasn't been updated is the case.

    > As you pointed out the hard drive is the main component with
    > Vista. Have a great day.


    That won't last. Hard drives go south all the time.

    Alias

      My System SpecsSystem Spec

  10. #10


    Dennis Pack Guest

    Re: OEM EULA question

    Alias:
    With Windows 98, 2000, XP and XP x64 changing the mother board or
    ram triggered activation, usually by telephone. Whether it was specifically
    listed in the EULA or not, that's the way it worked. Have a great day.

    --
    Dennis Pack
    XP x64, Vista Enterprise x64
    Office2007
    "Alias" <aka@masked&anonymous.es> wrote in message
    news:O7tuQqxSHHA.3948@TK2MSFTNGP05.phx.gbl...
    > Dennis Pack wrote:
    >> Brian:
    >> With XP and earlier the motherboard was classified as the main
    >> component.

    >
    > False. Show me a generic XP OEM EULA that mentions the motherboard once or
    > specifies *any* hardware as the "main component". I have changed
    > motherboards on one machine running XP Home three times and it has
    > activated every time over the net, no problems. In fact, the only thing
    > that machine has that hasn't been updated is the case.
    >
    >> As you pointed out the hard drive is the main component with Vista. Have
    >> a great day.

    >
    > That won't last. Hard drives go south all the time.
    >
    > Alias



      My System SpecsSystem Spec

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