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OT: New MS ruling on Windows licensing.. and it sucks. [message #65028]

Tue, 28 February 2006 09:45

Aaron Allen

Messages: 1988
Registered: May 2008

Senior Member

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http://www.flexbeta.net/main/comments.php?id=3D18469&cat id=3D5

http://download.microsoft.com/download/4/e/3/4e3eace0-4c6d-4 123-9d0c-c804=
36181742/OSLicQA.doc

Of particular interest is topic 11. =20

Education Operating System Licensing Q&A

=20

Please Note: This Q&A is provided solely for informational purposes. =
Your use of Microsoft Software Products is governed by the terms and =
conditions of your licensing agreement.

=20

For more information on licensing please visit =
http://www.microsoft.com/licensing or =
http://www.microsoft.com/education/HowToBuy.mspx=20

=20

Frequently Asked Questions

=20

1.. What is a software license?
ANSWER. A software license gives a person (or an institution) the right =
to use a software product in a particular way. The terms of the =
license agreement describe the permitted uses of the software. =
Copyright law also limits how a person may use the software. A person =
needs a license for each software program he or she installs on a =
computer.=20

=20

2.. How does copyright law apply to software licensing?
ANSWER. According to the U.S. Copyright Act, it is illegal to make or =
distribute copyrighted material (which includes computer programs) =
without specific authorization from the copyright owner. The =
unauthorized duplication of software constitutes copyright infringement, =
regardless of whether it is done for sale, for free distribution, or for =
the copier's own use.

=20

3.. What is an OEM license?
ANSWER. An "OEM" license is a license distributed by an Original =
Equipment Manufacturer, or an "OEM." An OEM is a person or company who =
builds and sells computers. Some OEMs also distribute software, =
especially operating systems such as Microsoft=AE Windows.

=20

4.. When a school or institution enters into a Microsoft Volume =
Licensing agreement (Campus Agreement, School Agreement, Academic Open, =
Academic Select), does that mean it is licensed for a full Microsoft=AE =
operating system (OS), such as Windows?
ANSWER: No. Microsoft Volume Licensing only licenses a school or =
institution for an upgrade for Windows, and sometimes for a downgrade to =
an earlier version of Windows. There are only three ways for an =
education institution to obtain a full operating system:

=A7 Acquire the Full-Packaged Product from a retail store.

=A7 Acquire a new PC with an OEM version of the operating system =
preinstalled.

=A7 Acquire an OEM license with additional hardware from your =
system builder.

=20

5.. What underlying full operating system license qualifies for =
Windows operating system upgrade licenses offered through Microsoft =
Academic Volume Licensing programs?
ANSWER. For upgrade eligibility for licenses acquired through Academic =
Open or Academic Select, refer to the current Microsoft Product List =
available at =
http://www.microsoft.com/licensing/resources/default.asp#pro dlist.

=20

In order to qualify for the Windows OS Upgrades offered through Campus =
Agreement or School Agreement, you or your users must have a valid =
license for a Microsoft Windows operating system on each PC on which the =
software is run.

=20

6.. What is the difference between OEM product and Full-Packaged =
Product (FPP)?
ANSWER. OEM products are intended to be preinstalled on hardware before =
the end user purchases the product. They are "shrink wrapped" and do =
not come in a box like the retail products do. Full-Packaged Product =
(FPP) is boxed with CD(s), manuals, and the EULA and is sold in retail =
stores in individual boxes. The End User License Agreements (commonly =
referred to as "EULAs") for OEM and FPP products are slightly different. =
One main difference is that an OEM operating system license (such as =
the license for Windows) cannot be transferred from its original PC to =
another PC. However, the FPP version of Windows may be transferred to =
another PC as long as the EULA, manual and media (such as the backup CD) =
accompany the transfer to the other PC. Also, when a customer purchases =
an OEM product, the OEM license requires the OEM to provide support for =
the product. =20

=20

7.. How do I know whether I have a genuine OEM license for my =
operating system? =20
ANSWER. Microsoft has a website that helps customers determine if they =
have acquired genuine Microsoft products at =
http://www.microsoft.com/howtotell. After reviewing the site, if you =
believe that your Microsoft product may be suspect or counterfeit, you =
should report this suspected piracy in the tool provided on the website. =
Alternatively, you may call 1-800-RULEGIT or e-mail =
piracy@microsoft.com to report any suspected counterfeit or pirated =
software.

=20

8.. What do I do if I realize that I do not have a full license for =
Windows, or if I received a donated PC that did not come with an =
operating system license?
ANSWER. If you do not have a genuine operating system license, you can =
acquire a Full-Packaged Product (FPP) version of the product from your =
local retail store. Or you may purchase an OEM version of an operating =
system from a Microsoft System Builder, subject to the requirement that =
you purchase hardware with that OEM version of the product. At that =
time, you should receive a genuine EULA, Certificate of Authenticity =
(COA), and manual. Visit the Microsoft How to Tell website to determine =
whether you have genuine software and licensing; =
http://www.microsoft.com/piracy/howtotell.=20

=20

9.. Can I transfer my operating system license from an old PC to a new =
one?
ANSWER. Not unless it was purchased as a Full-Packaged Product from a =
retail store (i.e., Windows in a box). Current OEM licenses for all =
Microsoft operating system products are not transferable from one =
machine to another. The End User License Agreement (EULA) governs the =
terms for transfer of licenses. Some EULAs for copies of certain older =
OEM operating system products (i.e., MS-DOS=AE, Windows=AE 3.1, and =
Windows for Workgroups 3.1) distributed in 1995 or earlier may permit =
transfer of the OEM operating system software license under limited =
circumstances. (See Software Product Transfer section of your End User =
License Agreement.) =20

=20

10.. If I "retire" a PC with an OEM license on it, can I use that =
software on a new PC?
ANSWER. No. To put it simply, OEM product is "married" to the original =
PC on which it was installed. Current OEM licenses are not transferable =
from one machine to another. The software cannot be moved from PC to PC, =
even if the original PC it was installed on is no longer in use. This is =
true for all OEM software - operating systems and applications.

=20

11.. Rather than purchase completely new PCs, my organization performs =
in-place upgrades to the hardware on many of our computers. We often =
times only replace the motherboard, processor, and memory. Since the COA =
is still on the case and the OS is still installed on the hard drive, =
this computer is still licensed, right?
ANSWER. Generally, you may upgrade or replace all of the hardware =
components on your computer and maintain the license for the original =
Microsoft OEM operating system software, with the exception of an =
upgrade or replacement of the motherboard. An upgrade of the motherboard =
is considered to result in a "new personal computer." Microsoft OEM =
operating system software cannot be transferred from one computer to =
another. Therefore, if the motherboard is upgraded or replaced for =
reasons other than a defect then a new computer has been created, the =
original license expires, and a new full operating system license (not =
upgrade) is required. This is true even if the computer is covered under =
Software Assurance or other Volume License programs.

=20

12.. If I upgrade some of my PC components, do I have to purchase a =
new operating system?
ANSWER. The answer depends on the components that are upgraded or =
changed in the PC. The operating system licenses must remain with the =
device that retains the motherboard, chipsets, and chassis that include =
the serial number of the device. The operating system may be installed =
on a new/replacement hard drive as long as the operating system is first =
removed from the old hard drive. =20

=20

Please refer to the section on "Modifications to hardware and how they =
affect the activation status of Windows XP" in the following link for a =
more detailed explanation regarding specific hardware changes. The same =
hardware component changes that can be made to a PC before requiring =
re-activation of Windows XP are the same changes that can be made before =
a PC is considered to be "new" - and when a new license for OEM software =
is required.=20

=20

http://microsoft.com/piracy/basics/activation/windowsproduct activationtec=
hnicalmarketbulletin.doc

=20

13.. Am I allowed to "downgrade" with my OEM operating system =
license?=20
ANSWER: OEM Operating system licenses (with the exception of Windows XP =
Professional) do not include downgrade rights. =20

=20

The Windows XP EULA grants you a "downgrade" right, that is the right to =
install and run a previous version of Microsoft Windows. However, under =
the terms of the EULA, the Windows XP EULA remains applicable. In order =
to downgrade, it is necessary for you to accept the terms of the Windows =
XP EULA by going through the initial start-up process and accepting the =
Windows XP license. Thereafter, you (or the OEM, on your behalf if =
authorized) may delete Windows XP from the computer and install a prior =
version of Microsoft Windows. You user may not install a prior version =
unless your have deleted Windows XP from the computer system. The EULA =
specifically provides that neither the OEM nor Microsoft will provide =
support for the downgraded version or supply the media from which you =
will copy the downgraded version. You (or the OEM on your behalf) may =
use the media from any genuine Microsoft software for which it is =
legally licensed to install the downgrade software, for example: Select, =
Open, Retail (FPP) or system builder (E2E) media. (Note that the =
installation of a prior version of Microsoft Windows using media =
supplied in connection with another legally licensed computer does not =
affect the license status of such other computer (i.e. You do not have =
to delete the earlier version from the other PCs) - Microsoft is simply =
authorizing you to use this media to accomplish the downgrade on the new =
computer system.) You retain the right to reinstall Windows XP at any =
time, provided you also delete the prior version.

=20

Windows XP Professional is the only MICROSOFT OEM software product which =
grants such a downgrade right.

=20

14.. Can I transfer my upgrade (VUP [Version Upgrade], CUP =
[Competitive Upgrade], PUP [Product Upgrade], UA [Upgrade Advantage], SA =
[Software Assurance]) operating system licenses from an old PC to a new =
one?=20
Example. A customer had an older machine that came pre-installed with =
MS-DOS and Windows 3.1 and the customer then acquired a Windows 98 =
upgrade license via the Academic Select Program. If the customer =
decided to donate the machine to a charity, could he or she remove =
Windows 98 from that machine and then transfer the Windows 98 upgrade =
license to a different machine within their organization? =20

ANSWER. No. Under Academic Select and Academic Open, operating system =
upgrade licenses are tied to the machines on which they are first =
installed. If a customer acquires an upgrade license via one of those =
programs and then installs that upgrade on a given machine, the upgrade =
license is then tied to that machine and may not be transferred to =
another machine, regardless of whether or not the upgraded software is =
removed from the original machine. Upgrades are simply product upgrades =
to the original license. They do not constitute new licenses in =
themselves.

=20

15.. Do the same OEM licensing terms apply to server products as they =
do to desktop operating system products?
ANSWER. End User License Agreements (EULAs) vary among products and you =
should check the EULA for each product before installing them. In =
general, OEM server and OEM desktop operating systems have similar =
EULAs, e.g., they are generally non-transferable and there are normally =
no downgrade rights.

=20

=A9 2001-2005 Microsoft Corporation. All rights reserved. Microsoft, =
MS-DOS, Windows, and Windows NT are either registered trademarks or =
trademarks of Microsoft Corporation in the United States and/or other =
countries. =20

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<!DOCTYPE HTML PUBLIC "-//W3C//DTD HTML 4.0 Transitional//EN">
<HTML><HEAD>
<META http-equiv=3DContent-Type content=3D"text/html; =
charset=3Diso-8859-1">
<META content=3D"MSHTML 6.00.5296.0" name=3DGENERATOR>
<STYLE></STYLE>
</HEAD>
<BODY>
<DIV><A=20
href=3D" http://www.flexbeta.net/main/comments.php?id=3D18469&catid=3D=
5"><FONT=20
face=3DArial=20
size=3D2> http://www.flexbeta.net/main/comments.php?id=3D18469&catid=3D=
5</A></DIV>
<DIV> </DIV>
<DIV><A=20
href=3D" http://download.microsoft.com/download/4/e/3/4e3eace0-4c6d-4 123-9=
d0c-c80436181742/OSLicQA.doc">http://download.microsoft.com/download/4/e/=
3/4e3eace0-4c6d-4123-9d0c-c80436181742/OSLicQA.doc</A></DIV>
<DIV> </DIV>
<DIV>Of particular interest is =
topic=20
11.  </DIV>
<DIV> </DIV>
<DIV>
<SPAN=20
style=3D"FONT-SIZE: 16pt; FONT-FAMILY: 'Franklin Gothic Medium'"><FONT=20
face=3DArial>Education Operating System =
Licensing=20
Q&A<?xml:namespace prefix =3D o ns =3D =
"urn:schemas-microsoft-com:office:office"=20
/><o:p></o:p>
<SPAN=20
style=3D"FONT-SIZE: 10pt; FONT-FAMILY: 'Franklin Gothic Medium'"><FONT=20
face=3DArial> <o:p></o:p>
Please=20
Note:  This Q&A is provided solely for informational =
purposes. =20
Your use of Microsoft Software Products is governed by the terms and =
conditions=20
of your licensing agreement.<SPAN=20
style=3D"FONT-SIZE: 10pt; FONT-FAMILY: 'Franklin Gothic =
Medium'"><o:p></o:p>
<SPAN=20
style=3D"FONT-SIZE: 10pt; FONT-FAMILY: 'Franklin Gothic Medium'"><FONT=20
face=3DArial> <o:p></o:p>
<FONT=20
face=3DArial>For more information on licensing please visit <A=20
href=3D"http://www.microsoft.com/licensing"><FONT=20
face=3DArial>http://www.microsoft.com/licensing</A>=20
<FONT=20
face=3DArial>or <A><FONT=20
face=3DArial>http://www.microsoft.com/education/HowToBuy.mspx</A><=
FONT=20
face=3DArial> <SPAN=20
style=3D"FONT-SIZE: 10pt; FONT-FAMILY: 'Franklin Gothic =
Medium'"><o:p></o:p>
<SPAN=20
style=3D"FONT-SIZE: 10pt; FONT-FAMILY: 'Franklin Gothic Book'"><FONT=20
face=3DArial>  <o:p></o:p>
Frequently=20
Asked Questions<SPAN=20
style=3D"FONT-SIZE: 10pt; FONT-FAMILY: 'Franklin Gothic =
Medium'"><o:p></o:p>
<SPAN=20
style=3D"FONT-SIZE: 10pt; FONT-FAMILY: 'Franklin Gothic Book'"><FONT=20
face=3DArial> <o:p></o:p>
<OL style=3D"MARGIN-TOP: 0in" type=3D1>
<LI class=3DMsoNormal=20
style=3D"MARGIN: 0in 0in 0pt; mso-list: l0 level1 lfo1; tab-stops: =
list .5in"><SPAN=20
lang=3DEN-AU=20
style=3D"FONT-SIZE: 10pt; FONT-FAMILY: 'Franklin Gothic Medium'; =
mso-ansi-language: EN-AU"><FONT=20
face=3DArial>What is a software=20
license?<o:p></o:p></LI></OL>
<SPAN=20
lang=3DEN-AU=20
style=3D"FONT-SIZE: 10pt; FONT-FAMILY: 'Franklin Gothic Book'; =
mso-ansi-language: EN-AU">ANSWER.=20
A software license gives a person (or =
an<SPAN=20
style=3D"COLOR: blue"> institution) the right to use a software =
product in=20
a particular way.   The terms of the license agreement =
describe the=20
permitted uses of the software.  Copyright law also limits how a =
person may=20
use the software.  A person needs a license for each software =
program he or=20
she installs on a computer. <SPAN=20
style=3D"FONT-SIZE: 10pt; FONT-FAMILY: 'Franklin Gothic =
Book'"><o:p></o:p>
<SPAN=20
style=3D"FONT-SIZE: 10pt; FONT-FAMILY: 'Franklin Gothic =
Book'"><o:p><FONT=20
face=3DArial> </o:p>
<OL style=3D"MARGIN-TOP: 0in" type=3D1 start=3D2>
<LI class=3DMsoNormal=20
style=3D"MARGIN: 0in 0in 0pt; mso-list: l0 level1 lfo1; tab-stops: =
list .5in"><SPAN=20
lang=3DEN-AU=20
style=3D"FONT-SIZE: 10pt; FONT-FAMILY: 'Franklin Gothic Medium'; =
mso-ansi-language: EN-AU"><FONT=20
face=3DArial>How does copyright law apply to software=20
licensing?<o:p></o:p></LI></OL >
<FONT=20
face=3DArial>ANSWER. According to the U.S. Copyright Act, it is illegal =
to make or=20
distribute copyrighted material (which includes computer programs) =
without=20
specific authorization from the copyright owner. The unauthorized =
duplication of=20
software constitutes copyright infringement, regardless of whether it is =
done=20
for sale, for free distribution, or for the copier's own=20
use.<o:p></o:p>
<SPAN=20
style=3D"FONT-SIZE: 10pt; FONT-FAMILY: 'Franklin Gothic =
Book'"><o:p><FONT=20
face=3DArial> </o:p>
<OL style=3D"MARGIN-TOP: 0in" type=3D1 start=3D3>
<LI class=3DMsoNormal=20
style=3D"MARGIN: 0in 0in 0pt; mso-list: l0 level1 lfo1; tab-stops: =
list .5in"><SPAN=20
lang=3DEN-AU=20
style=3D"FONT-SIZE: 10pt; FONT-FAMILY: 'Franklin Gothic Medium'; =
mso-ansi-language: EN-AU"><FONT=20
face=3DArial>What is an OEM=20
license?<o:p></o:p></LI></OL>
<FONT=20
face=3DArial>ANSWER.  An =
=93OEM=94 license=20
is a license distributed by an Original Equipment Manufacturer, or an=20
=93OEM.=94  An OEM is a =
person or=20
company who builds and sells computers. =20
Some OEMs also distribute software, especially operating systems =
such as=20
Microsoft=AE Windows.<o:p></o:p>
<SPAN=20
style=3D"FONT-SIZE: 10pt; FONT-FAMILY: 'Franklin Gothic =
Book'"><o:p><FONT=20
face=3DArial> </o:p>
<OL style=3D"MARGIN-TOP: 0in" type=3D1 start=3D4>
<LI class=3DMsoNormal=20
style=3D"MARGIN: 0in 0in 0pt; mso-list: l0 level1 lfo1; tab-stops: =
list .5in"><SPAN=20
style=3D"FONT-SIZE: 10pt; FONT-FAMILY: 'Franklin Gothic Medium'">When a school or institution enters into a =
Microsoft Volume=20
Licensing agreement (Campus Agreement, School Agreement, Academic =
Open,=20
Academic Select), does that mean it is licensed for a full =
Microsoft=AE=20
operating system (OS), such as=20
Windows?<o:p></o:p></LI></OL>
<SPAN=20
style=3D"FONT-SIZE: 10pt; FONT-FAMILY: 'Franklin Gothic Book'"><FONT=20
face=3DArial>ANSWER: No. Microsoft Volume Licensing only licenses a =
school or=20
institution for an upgrade for Windows, and sometimes for a downgrade to =
an=20
earlier version of Windows. There are only three ways for an education=20
institution to obtain a full operating =
system:<o:p></o:p>
<FONT=20
face=3DArial><SPAN=20
style=3D"FONT-SIZE: 10pt; FONT-FAMILY: Wingdings; =
mso-fareast-font-family: Wingdings; mso-bidi-font-family: =
Wingdings"><SPAN=20
style=3D"mso-list: Ignore">=A7<FONT=20
size=3D2>          =20
<SPAN=20
style=3D"FONT-SIZE: 10pt; FONT-FAMILY: 'Franklin Gothic Book'">Acquire =
the=20
Full-Packaged Product from a retail store.<o:p></o:p>
<FONT=20
face=3DArial><SPAN=20
style=3D"FONT-SIZE: 10pt; FONT-FAMILY: Wingdings; =
mso-fareast-font-family: Wingdings; mso-bidi-font-family: =
Wingdings"><SPAN=20
style=3D"mso-list: Ignore">=A7<FONT=20
size=3D2>          =20
<SPAN=20
style=3D"FONT-SIZE: 10pt; FONT-FAMILY: 'Franklin Gothic Book'">Acquire a =
new PC=20
with an OEM version of the operating system=20
preinstalled.<o:p></o:p>
<FONT=20
face=3DArial><SPAN=20
style=3D"FONT-SIZE: 10pt; FONT-FAMILY: Wingdings; =
mso-fareast-font-family: Wingdings; mso-bidi-font-family: =
Wingdings"><SPAN=20
style=3D"mso-list: Ignore">=A7<FONT=20
size=3D2>          =20
<SPAN=20
style=3D"FONT-SIZE: 10pt; FONT-FAMILY: 'Franklin Gothic Book'">Acquire =
an OEM=20
license with additional hardware from your system=20
builder.<o:p></o:p>
<SPAN=20
style=3D"FONT-SIZE: 10pt; FONT-FAMILY: 'Franklin Gothic =
Book'"><o:p><FONT=20
face=3DArial> </o:p>
<OL style=3D"MARGIN-TOP: 0in" type=3D1 start=3D5>
<LI class=3DMsoNormal=20
style=3D"MARGIN: 0in 0in 0pt; mso-list: l0 level1 lfo1; tab-stops: =
list .5in"><SPAN=20
lang=3DEN-AU=20
style=3D"FONT-SIZE: 10pt; FONT-FAMILY: 'Franklin Gothic Medium'; =
mso-ansi-language: EN-AU"><FONT=20
face=3DArial>What underlying full operating system license =
qualifies for=20
Windows operating system upgrade licenses offered through Microsoft =
Academic=20
Volume Licensing programs?<o:p></o:p></LI></OL>
<FONT=20
face=3DArial>ANSWER. For upgrade eligibility for licenses acquired =
through=20
Academic Open or Academic Select, refer to the current Microsoft Product =
List=20
available at <A><FONT=20
face=3DArial> http://www.microsoft.com/licensing/resources/default.asp#pro =
dlist</A><FONT=20
face=3DArial>.<o:p></o:p>
<o:p><FONT=20
face=3DArial> </o:p>
<SPAN=20
lang=3DEN-AU=20
style=3D"FONT-SIZE: 10pt; FONT-FAMILY: 'Franklin Gothic Book'; =
mso-ansi-language: EN-AU">In=20
order to qualify for the Windows OS Upgrades offered through Campus =
Agreement or=20
School Agreement, you=20
or your users must have a valid license for a Microsoft Windows =
operating system=20
on each PC on which the software is run.<SPAN=20
style=3D"FONT-SIZE: 10pt; COLOR: blue; FONT-FAMILY: 'Franklin Gothic =
Book'; mso-bidi-font-family: Arial"><o:p></o:p>
<o:p><FONT=20
face=3DArial> </o:p>
<OL style=3D"MARGIN-TOP: 0in" type=3D1 start=3D6>
<LI class=3DMsoNormal=20
style=3D"MARGIN: 0in 0in 0pt; mso-list: l0 level1 lfo1; tab-stops: =
list .5in"><FONT=20
face=3DArial>What=20
is the difference between OEM product and Full-Packaged Product=20
(FPP)?<SPAN=20
style=3D"FONT-SIZE: 10pt; FONT-FAMILY: 'Franklin Gothic =
Medium'"><o:p></o:p></LI></OL>
<SPAN=20
lang=3DEN-AU=20
style=3D"FONT-SIZE: 10pt; FONT-FAMILY: 'Franklin Gothic Book'; =
mso-ansi-language: EN-AU">ANSWER. =20
OEM products are intended to be preinstalled on hardware before the end =
user=20
purchases the product.  They are =93shrink wrapped=94 and do not =
come in a box=20
like the retail products do.  Full-Packaged Product (FPP) is boxed =
with=20
CD(s), manuals, and the EULA and is sold in retail stores in individual=20
boxes.  The End User License Agreements (commonly referred to as =
=93EULAs=94)=20
for OEM and FPP products are slightly different.  One main =
difference is=20
that an OEM operating system license (such as the license for Windows) =
cannot be=20
transferred from its original PC to another =
PC.   However, the=20
FPP version of Windows may be transferred to another PC as long as the =
EULA,=20
manual and media (such as the backup CD) accompany the transfer to the =
other=20
PC.  Also, when a customer purchases an OEM product, the OEM =
license=20
requires the OEM to provide support for the product.<SPAN=20
style=3D"mso-spacerun: yes">   <SPAN=20
style=3D"FONT-FAMILY: 'Franklin Gothic =
Book'"><o:p></o:p>
<SPAN=20
style=3D"FONT-SIZE: 10pt; FONT-FAMILY: 'Franklin Gothic =
Book'"><o:p><FONT=20
face=3DArial> </o:p>
<OL style=3D"MARGIN-TOP: 0in" type=3D1 start=3D7>
<LI class=3DMsoNormal=20
style=3D"MARGIN: 0in 0in 0pt; mso-list: l0 level1 lfo1; tab-stops: =
list .5in"><SPAN=20
lang=3DEN-AU=20
style=3D"FONT-SIZE: 10pt; FONT-FAMILY: 'Franklin Gothic Medium'; =
mso-ansi-language: EN-AU"><FONT=20
face=3DArial>How do I know whether I have a genuine OEM =
license for my=20
operating system? =20
<o:p></o:p></LI></OL>
<FONT=20
face=3DArial>ANSWER.  Microsoft has a website that helps customers =
determine=20
if they have acquired genuine Microsoft products at <A=20
href=3D"http://www.microsoft.com/howtotell"><FONT=20
face=3DArial>http://www.microsoft.com/howtotell</A>. =20
After reviewing the site, if you believe that your Microsoft product may =
be=20
suspect or counterfeit, you should report this suspected piracy in the =
tool=20
provided on the website. =20
Alternatively, you may call 1-800-RULEGIT or e-mail =
<A><FONT=20
face=3DArial>piracy@microsoft.com</A> to =
report any=20
suspected counterfeit or pirated software.<SPAN=20
style=3D"FONT-SIZE: 10pt; FONT-FAMILY: 'Franklin Gothic =
Book'"><o:p></o:p>
<SPAN=20
style=3D"FONT-SIZE: 10pt; FONT-FAMILY: 'Franklin Gothic =
Book'"><o:p><FONT=20
face=3DArial> </o:p>
<OL style=3D"MARGIN-TOP: 0in" type=3D1 start=3D8>
<LI class=3DMsoNormal=20
style=3D"MARGIN: 0in 0in 0pt; mso-list: l0 level1 lfo1; tab-stops: =
list .5in"><SPAN=20
lang=3DEN-AU=20
style=3D"FONT-SIZE: 10pt; FONT-FAMILY: 'Franklin Gothic Medium'; =
mso-ansi-language: EN-AU"><FONT=20
face=3DArial>What do I do if I realize that I do not have a =
full license=20
for Windows, or if I received a donated PC that did not come with an =
operating=20
system license?<o:p></o:p></LI></OL>
<FONT=20
face=3DArial>ANSWER.  If =
you do not=20
have a genuine operating system license, you can acquire a Full-Packaged =
Product=20
(FPP) version of the product from your local retail store.<SPAN=20
style=3D"mso-spacerun: yes">  Or you may purchase an OEM =
version of an=20
operating system from a Microsoft System Builder, subject to the =
requirement=20
that you purchase hardware with that OEM version of the product.<SPAN=20
style=3D"mso-spacerun: yes">  At that time, you should =
receive a=20
genuine EULA, Certificate of Authenticity (COA), and manual.<SPAN=20
style=3D"mso-spacerun: yes">  Visit the Microsoft How to =
Tell website=20
to determine whether you have genuine software and licensing; =
<A><FONT=20
face=3DArial>http://www.microsoft.com/piracy/howtotell</A><FONT=20
face=3DArial>. <o:p></o:p>
<o:p><FONT=20
face=3DArial> </o:p>
<OL style=3D"MARGIN-TOP: 0in" type=3D1 start=3D9>
<LI class=3DMsoNormal=20
style=3D"MARGIN: 0in 0in 0pt; mso-list: l0 level1 lfo1; tab-stops: =
list .5in"><SPAN=20
lang=3DEN-AU=20
style=3D"FONT-SIZE: 10pt; FONT-FAMILY: 'Franklin Gothic Medium'; =
mso-ansi-language: EN-AU"><FONT=20
face=3DArial>Can I transfer my operating system license from =
an old PC=20
to a new one?<o:p></o:p></LI></OL>
<SPAN=20
lang=3DEN-AU=20
style=3D"FONT-SIZE: 10pt; FONT-FAMILY: 'Franklin Gothic Book'; =
mso-ansi-language: EN-AU">ANSWER.=20
Not unless it was purchased as a Full-Packaged Product from a retail =
store=20
(i.e., Windows in a box). Current OEM licenses for all Microsoft =
operating=20
system products are not transferable from one machine to another. The =
End User=20
License Agreement (EULA) governs the terms for transfer of =
licenses.<SPAN=20
style=3D"mso-spacerun: yes">  Some EULAs for copies of =
certain older=20
OEM operating system products (i.e., <SPAN=20
style=3D"LAYOUT-GRID-MODE: line">MS-DOS=AE, Windows=AE 3.1, and Windows =
for Workgroups=20
3.1) distributed in 1995 or earlier may permit transfer of the OEM =
operating=20
system software license under limited circumstances.  (See =
Software=20
Product Transfer section of your End User License Agreement.)  =
<SPAN=20
style=3D"FONT-SIZE: 10pt; FONT-FAMILY: 'Franklin Gothic =
Book'"><o:p></o:p>
<o:p><FONT=20
face=3DArial> </o:p>
<OL style=3D"MARGIN-TOP: 0in" type=3D1 start=3D10>
<LI class=3DMsoNormal=20
style=3D"MARGIN: 0in 0in 0pt; mso-list: l0 level1 lfo1; tab-stops: =
list .5in"><SPAN=20
lang=3DEN-AU=20
style=3D"FONT-SIZE: 10pt; FONT-FAMILY: 'Franklin Gothic Medium'; =
mso-ansi-language: EN-AU"><FONT=20
face=3DArial>  =
If I =93retire=94=20
a PC with an OEM license on it, can I use that software on a new=20
PC?<o:p></o:p></LI></OL>
<FONT=20
face=3DArial>ANSWER. No. To put it simply, OEM product is =93married=94 =
to the=20
original PC on which it was installed. Current OEM licenses are not =
transferable=20
from one machine to another. The software cannot be moved from PC to PC, =
even if=20
the original PC it was installed on is no longer in use. This is true =
for all=20
OEM software =96 operating systems and =
applications.<o:p></o:p>
<o:p><FONT=20
face=3DArial> </o:p>
<OL style=3D"MARGIN-TOP: 0in" type=3D1 start=3D11>
<LI class=3DMsoNormal=20
style=3D"MARGIN: 0in 0in 0pt; mso-list: l0 level1 lfo1; tab-stops: =
list .5in"><FONT=20
face=3DArial><SPAN=20
style=3D"FONT-SIZE: 10pt; FONT-FAMILY: 'Franklin Gothic =
Medium'">Rather=20
than purchase completely new PCs, my organization performs in-place =
upgrades=20
to the hardware on many of our computers. We often times only replace =
the=20
motherboard, processor, and memory. Since the COA is still on the case =
and the=20
OS is still installed on the hard drive, this computer is still =
licensed,=20
right?<o:p></o:p></LI></OL>
<SPAN=20
lang=3DEN-AU=20
style=3D"FONT-SIZE: 10pt; FONT-FAMILY: 'Franklin Gothic Book'; =
mso-ansi-language: EN-AU">ANSWER. =20
<SPAN=20
style=3D"FONT-SIZE: 10pt; FONT-FAMILY: 'Franklin Gothic =
Book'">Generally, you may=20
upgrade or replace all of the hardware components on your computer and =
maintain=20
the license for the original Microsoft OEM operating system software, =
with the=20
exception of an upgrade or replacement of the motherboard. <FONT=20
color=3D#ff0000>An upgrade of the motherboard is considered to result in =
a "new=20
personal computer." Microsoft OEM operating system software =
cannot be=20
transferred from one computer to another. Therefore, if the motherboard =
is=20
upgraded or replaced for reasons other than a defect then a new computer =
has=20
been created, the original license expires, and a new full operating =
system=20
license (not upgrade) is required. This is true even if the computer is =
covered=20
under Software Assurance or other Volume License programs.<SPAN=20
lang=3DEN-AU=20
style=3D"FONT-SIZE: 10pt; FONT-FAMILY: 'Franklin Gothic Book'; =
mso-ansi-language: EN-AU"><o:p></o:p>
<o:p><FONT=20
face=3DArial> </o:p>
<OL style=3D"MARGIN-TOP: 0in" type=3D1 start=3D12>
<LI class=3DMsoNormal=20
style=3D"MARGIN: 0in 0in 0pt; mso-list: l0 level1 lfo1; tab-stops: =
list .5in"><SPAN=20
lang=3DEN-AU=20
style=3D"FONT-SIZE: 10pt; FONT-FAMILY: 'Franklin Gothic Medium'; =
mso-ansi-language: EN-AU"><FONT=20
face=3DArial>  =
If I upgrade=20
some of my PC components, do I have to purchase a new operating=20
system?<o:p></o:p></LI></OL>
<FONT=20
face=3DArial>ANSWER.  The answer depends on the components that are =
upgraded=20
or changed in the PC. The operating system licenses must remain with the =
device=20
that retains the motherboard, chipsets, and chassis that include the =
serial=20
number of the device. The operating system may be installed on a =
new/replacement=20
hard drive as long as the operating system is first removed from the old =
hard=20
drive. =20
<o:p></o:p>
<o:p><FONT=20
face=3DArial> </o:p>
<SPAN=20
style=3D"FONT-SIZE: 10pt; FONT-FAMILY: 'Franklin Gothic Book'"><FONT=20
face=3DArial>Please refer to the section on =93<SPAN=20
style=3D"mso-bidi-font-weight: bold; mso-bidi-font-style: =
italic">Modifications to=20
hardware and how they affect the activation status of Windows =
XP=94 in the=20
following link for a more detailed explanation regarding specific =
hardware=20
changes. The same hardware component changes that can be made to a PC =
before=20
requiring re-activation of Windows XP are the same changes that can be =
made=20
before a PC is considered to be =93new=94 - and when a new license for =
OEM software=20
is required. <o:p></o:p>
<SPAN=20
style=3D"FONT-SIZE: 10pt; FONT-FAMILY: 'Franklin Gothic =
Book'"><o:p><FONT=20
face=3DArial> </o:p>
<A><FONT=20
face=3DArial> http://microsoft.com/piracy/basics/activation/windowsproduct =
activationtechnicalmarketbulletin.doc</A><o:p></o:p >
<o:p><FONT=20
face=3DArial> </o:p>
<OL style=3D"MARGIN-TOP: 0in" type=3D1 start=3D13>
<LI class=3DMsoNormal=20
style=3D"MARGIN: 0in 0in 0pt; mso-list: l0 level1 lfo1; tab-stops: =
list .5in"><SPAN=20
style=3D"FONT-SIZE: 10pt; FONT-FAMILY: 'Franklin Gothic Medium'">  =
Am I allowed=20
to =93downgrade=94 with my OEM operating system license?=20
<o:p></o:p></LI></OL>
<SPAN=20
style=3D"FONT-SIZE: 10pt; FONT-FAMILY: 'Franklin Gothic Book'"><FONT=20
face=3DArial>ANSWER: OEM Operating system licenses (with the exception =
of Windows=20
XP Professional) do not include downgrade rights.<SPAN=20
style=3D"mso-spacerun: yes">   =20
<o:p></o:p>
<SPAN=20
style=3D"FONT-SIZE: 10pt; FONT-FAMILY: 'Franklin Gothic =
Book'"><o:p><FONT=20
face=3DArial> </o:p>
<SPAN=20
style=3D"FONT-SIZE: 10pt; FONT-FAMILY: 'Franklin Gothic Book'"><FONT=20
face=3DArial>The Windows XP EULA grants you a =93downgrade=94 right, =
that is the right=20
to install and run a previous version of Microsoft Windows.  =
However, under=20
the terms of the EULA, the Windows XP EULA remains applicable.  In =
order to=20
downgrade, it is necessary for you to accept the terms of the Windows XP =
EULA by=20
going through the initial start-up process and accepting the Windows XP =
license.=20
Thereafter, you (or the OEM, on your behalf if authorized) may delete =
Windows XP=20
from the computer and install a prior version of Microsoft =
Windows.  You=20
user may not install a prior version unless your have deleted Windows XP =
from=20
the computer system.  The EULA specifically provides that neither =
the OEM=20
nor Microsoft will provide support for the downgraded version or supply =
the=20
media from which you will copy the downgraded version.  You (or the =
OEM on=20
your behalf) may use the media from any genuine Microsoft software for =
which it=20
is legally licensed to install the downgrade software, for example: =
Select,=20
Open, Retail (FPP) or system builder (E2E) media.  (Note that the=20
installation of a prior version of Microsoft Windows using media =
supplied in=20
connection with another legally licensed computer does not affect the =
license=20
status of such other computer (i.e. You do not have to delete the =
earlier=20
version from the other PCs) =96 Microsoft is simply authorizing you to =
use this=20
media to accomplish the downgrade on the new computer system.)  You =
retain=20
the right to reinstall Windows XP at any time, provided you also delete =
the=20
prior version.<o:p></o:p>
<SPAN=20
style=3D"FONT-SIZE: 10pt; FONT-FAMILY: 'Franklin Gothic =
Book'"><o:p><FONT=20
face=3DArial> </o:p>
<SPAN=20
style=3D"FONT-SIZE: 10pt; FONT-FAMILY: 'Franklin Gothic Book'"><FONT=20
face=3DArial>Windows XP Professional is the only MICROSOFT OEM software =
product=20
which grants such a downgrade right.<o:p></o:p>
<SPAN=20
style=3D"FONT-SIZE: 10pt; FONT-FAMILY: 'Franklin Gothic =
Book'"><o:p><FONT=20
face=3DArial> </o:p>
<OL style=3D"MARGIN-TOP: 0in" type=3D1 start=3D14>
<LI class=3DMsoNormal=20
style=3D"MARGIN: 0in 0in 0pt; mso-list: l0 level1 lfo1; tab-stops: =
list .5in"><SPAN=20
style=3D"FONT-SIZE: 10pt; FONT-FAMILY: 'Franklin Gothic Medium'">Can I transfer my upgrade (VUP [Version Upgrade], =
CUP=20
[Competitive Upgrade], PUP [Product Upgrade], UA [Upgrade Advantage], =
SA=20
[Software Assurance]) operating system licenses from an old PC to a =
new=20
one? <o:p></o:p></LI> </OL>
<FONT=20
face=3DArial>Example.  A customer had an older machine that came=20
pre-installed with MS-DOS and Windows 3.1 and the customer then acquired =
a=20
Windows 98 upgrade license via the Academic Select Program.  If the =

customer decided to donate the machine to a charity, could he or she =
remove=20
Windows 98 from that machine and then transfer the Windows 98 upgrade =
license to=20
a different machine within their organization? =20
<o:p></o:p>
<SPAN=20
lang=3DEN-AU=20
style=3D"FONT-SIZE: 10pt; FONT-FAMILY: 'Franklin Gothic Book'; =
mso-ansi-language: EN-AU">ANSWER.<SPAN=20
style=3D"COLOR: red"> =20
No.  Under Academic Select and Academic Open, =
operating=20
system upgrade licenses are tied to the machines on which they are first =

installed.  If a customer acquires an upgrade license via one of =
those=20
programs and then installs that upgrade on a given machine, the upgrade =
license=20
is then tied to that machine and may not be transferred to another =
machine,=20
regardless of whether or not the upgraded software is removed from the =
original=20
machine.  Upgrades are simply product upgrades to the original =
license.=20
They do not constitute new licenses in themselves.<SPAN=20
style=3D"FONT-SIZE: 10pt; FONT-FAMILY: 'Franklin Gothic =
Book'"><o:p></o:p>
<o:p><FONT=20
face=3DArial> </o:p>
<OL style=3D"MARGIN-TOP: 0in" type=3D1 start=3D15>
<LI class=3DMsoNormal=20
style=3D"MARGIN: 0in 0in 0pt; mso-list: l0 level1 lfo1; tab-stops: =
list .5in"><SPAN=20
lang=3DEN-AU=20
style=3D"FONT-SIZE: 10pt; FONT-FAMILY: 'Franklin Gothic Medium'; =
mso-ansi-language: EN-AU"><FONT=20
face=3DArial>Do the same OEM licensing terms apply to server =
products as=20
they do to desktop operating system=20
products?<o:p></o:p></LI></OL >
<FONT=20
face=3DArial>ANSWER. End User License Agreements (EULAs) vary among =
products and=20
you should check the EULA for each product before installing them. In =
general,=20
OEM server and OEM desktop operating systems have similar EULAs, e.g., =
they are=20
generally non-transferable and there are normally no downgrade=20
rights.<o:p></o:p>
<o:p><FONT=20
face=3DArial> </o:p>
<SPAN=20
style=3D"FONT-FAMILY: 'Franklin Gothic Book'">=A9=20
2001-2005 Microsoft Corporation.  =

All rights reserved. =20
Microsoft, MS-DOS, Windows, and Windows NT are either registered=20
trademarks or trademarks of Microsoft Corporation in the <?xml:namespace =
prefix=20
=3D st1 ns =3D "urn:schemas-microsoft-com:office:smarttags" =
/><st1:country-region=20
w:st=3D"on"><st1:place w:st=3D"on">United =
States</st1:place></st1:country-region>=20
and/or other countries. =20
<o:p></o:p></DIV></BODY ></HTML>

------=_NextPart_000_0008_01C63C5C.6A5AEF40--

Report message to a moderator

Re: OT: New MS ruling on Windows licensing.. and it sucks. [message #65029 is a reply to message #65028]

Tue, 28 February 2006 10:05

EK Sound

Messages: 939
Registered: June 2005

Senior Member

I believe this is only for "educational copies" of the OS.

David.

Aaron Allen wrote:

> http://www.flexbeta.net/main/comments.php?id=18469&catid =5
> < http://www.flexbeta.net/main/comments.php?id=18469&catid =5>
>
> http://download.microsoft.com/download/4/e/3/4e3eace0-4c6d-4 123-9d0c-c80436181742/OSLicQA.doc
>
> Of particular interest is topic 11.
>
>
> Education Operating System Licensing Q&A
>
>
>

Report message to a moderator

Re: OT: New MS ruling on Windows licensing.. and it sucks. [message #65030 is a reply to message #65029]

Tue, 28 February 2006 10:26

Aaron Allen

Messages: 1988
Registered: May 2008

Senior Member

I'm not sure of that, seeing references to OEM, SA, Server and FPP in the
document. If there are EDU licenses for all those things, I was not aware of
it?
I don't want to spread FUD, so if someone in EDU knows differently, by all
means speak up.
AA

"EK Sound" <askme@nospam.com> wrote in message news:4404923a$1@linux...
>I believe this is only for "educational copies" of the OS.
>
> David.
>
> Aaron Allen wrote:
>
>> http://www.flexbeta.net/main/comments.php?id=18469&catid =5
>> < http://www.flexbeta.net/main/comments.php?id=18469&catid =5>
>>
>> http://download.microsoft.com/download/4/e/3/4e3eace0-4c6d-4 123-9d0c-c80436181742/OSLicQA.doc
>> Of particular interest is topic 11. Education Operating System Licensing
>> Q&A
>>
>>

Report message to a moderator

Re: OT: New MS ruling on Windows licensing.. and it sucks. [message #65031 is a reply to message #65030]

Tue, 28 February 2006 10:40

Tony Benson

Messages: 453
Registered: June 2006

Senior Member

I'm not sure, but aren't they talking about upgrading a machine with an OEM
licensed version of Windows installed? It sounds like if you've purchased a
retail version, you can use it on any single machine, but if you buy say a
Dell with Windows pre installed, and then upgrade the mother board, that the
OEM license is no longer valid. ? Is that how you are reading it?

Tony

"Aaron Allen" <nospam@not_here.dude> wrote in message
news:44049735$1@linux...
> I'm not sure of that, seeing references to OEM, SA, Server and FPP in the
> document. If there are EDU licenses for all those things, I was not aware
> of it?
> I don't want to spread FUD, so if someone in EDU knows differently, by all
> means speak up.
> AA
>
>
> "EK Sound" <askme@nospam.com> wrote in message news:4404923a$1@linux...
>>I believe this is only for "educational copies" of the OS.
>>
>> David.
>>
>> Aaron Allen wrote:
>>
>>> http://www.flexbeta.net/main/comments.php?id=18469&catid =5
>>> < http://www.flexbeta.net/main/comments.php?id=18469&catid =5>
>>>
>>> http://download.microsoft.com/download/4/e/3/4e3eace0-4c6d-4 123-9d0c-c80436181742/OSLicQA.doc
>>> Of particular interest is topic 11. Education Operating System
>>> Licensing Q&A
>>>
>>>
>
>

Report message to a moderator

Re: OT: New MS ruling on Windows licensing.. and it sucks. [message #65041 is a reply to message #65031]

Tue, 28 February 2006 15:38

Aaron Allen

Messages: 1988
Registered: May 2008

Senior Member

I'm going to check into this deeper directly with MS, if it's what I'm
thinking that really bites. Especially for an OS I have to keep constant
patches on in the network world. I never let my audio PC's touch the
internet. Any critical patches I do admin installs on from another machine
that gets scanned before deployment as a practice.

AA

"Tony Benson" <tony@standinghampton.com> wrote in message
news:44049aa1$1@linux...
> I'm not sure, but aren't they talking about upgrading a machine with an
> OEM licensed version of Windows installed? It sounds like if you've
> purchased a retail version, you can use it on any single machine, but if
> you buy say a Dell with Windows pre installed, and then upgrade the mother
> board, that the OEM license is no longer valid. ? Is that how you are
> reading it?
>
> Tony
>
>
> "Aaron Allen" <nospam@not_here.dude> wrote in message
> news:44049735$1@linux...
>> I'm not sure of that, seeing references to OEM, SA, Server and FPP in the
>> document. If there are EDU licenses for all those things, I was not aware
>> of it?
>> I don't want to spread FUD, so if someone in EDU knows differently, by
>> all means speak up.
>> AA
>>
>>
>> "EK Sound" <askme@nospam.com> wrote in message news:4404923a$1@linux...
>>>I believe this is only for "educational copies" of the OS.
>>>
>>> David.
>>>
>>> Aaron Allen wrote:
>>>
>>>> http://www.flexbeta.net/main/comments.php?id=18469&catid =5
>>>> < http://www.flexbeta.net/main/comments.php?id=18469&catid =5>
>>>>
>>>> http://download.microsoft.com/download/4/e/3/4e3eace0-4c6d-4 123-9d0c-c80436181742/OSLicQA.doc
>>>> Of particular interest is topic 11. Education Operating System
>>>> Licensing Q&A
>>>>
>>>>
>>
>>
>
>

Report message to a moderator

Re: OT: New MS ruling on Windows licensing.. and it sucks. [message #65063 is a reply to message #65031]

Wed, 01 March 2006 09:28

Mike Claytor
Messages: 32
Registered: October 2006

Member

Here's how it currently works around here:

http://www.utexas.edu/its/sds/microsoft/index.html

"Tony Benson" <tony@standinghampton.com> wrote:
>I'm not sure, but aren't they talking about upgrading a machine with an
OEM
>licensed version of Windows installed? It sounds like if you've purchased
a
>retail version, you can use it on any single machine, but if you buy say
a
>Dell with Windows pre installed, and then upgrade the mother board, that
the
>OEM license is no longer valid. ? Is that how you are reading it?
>
>Tony
>
>
>"Aaron Allen" <nospam@not_here.dude> wrote in message
>news:44049735$1@linux...
>> I'm not sure of that, seeing references to OEM, SA, Server and FPP in
the
>> document. If there are EDU licenses for all those things, I was not aware

>> of it?
>> I don't want to spread FUD, so if someone in EDU knows differently, by
all
>> means speak up.
>> AA
>>
>>
>> "EK Sound" <askme@nospam.com> wrote in message news:4404923a$1@linux...
>>>I believe this is only for "educational copies" of the OS.
>>>
>>> David.
>>>
>>> Aaron Allen wrote:
>>>
>>>> http://www.flexbeta.net/main/comments.php?id=18469&catid =5
>>>> < http://www.flexbeta.net/main/comments.php?id=18469&catid =5>
>>>>
>>>> http://download.microsoft.com/download/4/e/3/4e3eace0-4c6d-4 123-9d0c-c80436181742/OSLicQA.doc
>>>> Of particular interest is topic 11. Education Operating System
>>>> Licensing Q&A
>>>>
>>>>
>>
>>
>
>

Report message to a moderator

Re: OT: New MS ruling on Windows licensing.. and it sucks. [message #65131 is a reply to message #65028]

Fri, 03 March 2006 09:12

jef knight[1]

Messages: 201
Registered: October 2005

Senior Member

This is a multi-part message in MIME format.
--------------060801040709030707040705
Content-Type: text/plain; charset=ISO-8859-1; format=flowed
Content-Transfer-Encoding: 8bit

I didn't like the part about having to get a new OS if you replace the mobo.
Oh well, I already use linux and irix here and I see this as just
another nail in the me MS coffin
jef

Aaron Allen wrote:

> http://www.flexbeta.net/main/comments.php?id=18469&catid =5
> < http://www.flexbeta.net/main/comments.php?id=18469&catid =5>
> **
> http://download.microsoft.com/download/4/e/3/4e3eace0-4c6d-4 123-9d0c-c80436181742/OSLicQA.doc
>
> /Of particular interest is _*topic 11.*_/
> **
>
> *_Education Operating System Licensing Q&A_*
>
>
>
> Please Note: This Q&A is provided solely for informational purposes.
> Your use of Microsoft Software Products is governed by the terms and
> conditions of your licensing agreement.
>
>
>
> For more information on licensing please visit
> http://www.microsoft.com/licensing or
> http://www.microsoft.com/education/HowToBuy.mspx
>
>
>
> Frequently Asked Questions
>
>
>
> 1. *What is a software license?*
>
> ANSWER. A software license gives a person (or an institution) the
> right to use a software product in a particular way. The terms of
> the license agreement describe the permitted uses of the software.
> Copyright law also limits how a person may use the software. A person
> needs a license for each software program he or she installs on a
> computer.
>
>
>
> 2. *How does copyright law apply to software licensing*?
>
> ANSWER. According to the U.S. Copyright Act, it is illegal to make or
> distribute copyrighted material (which includes computer programs)
> without specific authorization from the copyright owner. The
> unauthorized duplication of software constitutes copyright
> infringement, regardless of whether it is done for sale, for free
> distribution, or for the copier's own use.
>
>
>
> 3. *What is an OEM license?*
>
> ANSWER. An "OEM" license is a license distributed by an Original
> Equipment Manufacturer, or an "OEM." An OEM is a person or company
> who builds and sells computers. Some OEMs also distribute software,
> especially operating systems such as Microsoft� Windows.
>
>
>
> 4. *When a school or institution enters into a Microsoft Volume
> Licensing agreement (Campus Agreement, School Agreement,
> Academic Open, Academic Select), does that mean it is licensed
> for a full Microsoft� operating system (OS), such as Windows?*
>
> ANSWER: No. Microsoft Volume Licensing only licenses a school or
> institution for an upgrade for Windows, and sometimes for a downgrade
> to an earlier version of Windows. There are only three ways for an
> education institution to obtain a full operating system:
>
> � Acquire the Full-Packaged Product from a retail store.
>
> � Acquire a new PC with an OEM version of the operating system
> preinstalled.
>
> � Acquire an OEM license with additional hardware from your
> system builder.
>
>
>
> 5. *What underlying full operating system license qualifies for
> Windows operating system upgrade licenses offered through
> Microsoft Academic Volume Licensing programs?*
>
> ANSWER. For upgrade eligibility for licenses acquired through Academic
> Open or Academic Select, refer to the current Microsoft Product List
> available at
> http://www.microsoft.com/licensing/resources/default.asp#pro dlist.
>
>
>
> In order to qualify for the Windows OS Upgrades offered through Campus
> Agreement or School Agreement, you or your users must have a valid
> license for a Microsoft Windows operating system on each PC on which
> the software is run.
>
>
>
> 6. *What is the difference between OEM product and Full-Packaged
> Product (FPP)?*
>
> ANSWER. OEM products are intended to be preinstalled on hardware
> before the end user purchases the product. They are "shrink wrapped"
> and do not come in a box like the retail products do. Full-Packaged
> Product (FPP) is boxed with CD(s), manuals, and the EULA and is sold
> in retail stores in individual boxes. The End User License Agreements
> (commonly referred to as "EULAs") for OEM and FPP products are
> slightly different. One main difference is that an OEM operating
> system license (such as the license for Windows) cannot be transferred
> from its original PC to another PC. However, the FPP version of
> Windows may be transferred to another PC as long as the EULA, manual
> and media (such as the backup CD) accompany the transfer to the other
> PC. Also, when a customer purchases an OEM product, the OEM license
> requires the OEM to provide support for the product.
>
>
>
> 7. *How do I know whether I have a genuine OEM license for my
> operating system?*
>
> ANSWER. Microsoft has a website that helps customers determine if
> they have acquired genuine Microsoft products at
> http://www.microsoft.com/howtotell. After reviewing the site, if you
> believe that your Microsoft product may be suspect or counterfeit, you
> should report this suspected piracy in the tool provided on the
> website. Alternatively, you may call 1-800-RULEGIT or e-mail
> piracy@microsoft.com to report any suspected counterfeit or pirated
> software.
>
>
>
> 8. *What do I do if I realize that I do not have a full license for
> Windows, or if I received a donated PC that did not come with an
> operating system license?*
>
> ANSWER. If you do not have a genuine operating system license, you
> can acquire a Full-Packaged Product (FPP) version of the product from
> your local retail store. Or you may purchase an OEM version of an
> operating system from a Microsoft System Builder, subject to the
> requirement that you purchase hardware with that OEM version of the
> product. At that time, you should receive a genuine EULA, Certificate
> of Authenticity (COA), and manual. Visit the Microsoft How to Tell
> website to determine whether you have genuine software and licensing;
> http://www.microsoft.com/piracy/howtotell.
>
>
>
> 9. *Can I transfer my operating system license from an old PC to a
> new one?*
>
> ANSWER. Not unless it was purchased as a Full-Packaged Product from a
> retail store (i.e., Windows in a box). Current OEM licenses for all
> Microsoft operating system products are not transferable from one
> machine to another. The End User License Agreement (EULA) governs the
> terms for transfer of licenses. Some EULAs for copies of certain
> older OEM operating system products (i.e., MS-DOS�, Windows� 3.1, and
> Windows for Workgroups 3.1) distributed in 1995 or earlier may permit
> transfer of the OEM operating system software license under limited
> circumstances. (See Software Product Transfer section of your End
> User License Agreement.)
>
>
>
> 10. * If I "retire" a PC with an OEM license on it, can I use that
> software on a new PC?*
>
> ANSWER. No. To put it simply, OEM product is "married" to the original
> PC on which it was installed. Current OEM licenses are not
> transferable from one machine to another. The software cannot be moved
> from PC to PC, even if the original PC it was installed on is no
> longer in use. This is true for all OEM software - operating systems
> and applications.
>
>
>
> 11. *Rather than purchase completely new PCs, my organization
> performs in-place upgrades to the hardware on many of our
> computers. We often times only replace the motherboard,
> processor, and memory. Since the COA is still on the case and
> the OS is still installed on the hard drive, this computer is
> still licensed, right?*
>
> ANSWER. Generally, you may upgrade or replace all of the hardware
> components on your computer and maintain the license for the original
> Microsoft OEM operating system software, with the exception of an
> upgrade or replacement of the motherboard. An upgrade of the
> motherboard is considered to result in a "new personal computer."
> Microsoft OEM operating system software cannot be transferred from one
> computer to another. Therefore, if the motherboard is upgraded or
> replaced for reasons other than a defect then a new computer has been
> created, the original license expires, and a new full operating system
> license (not upgrade) is required. This is true even if the computer
> is covered under Software Assurance or other Volume License programs.
>
>
>
> 12. *If I upgrade some of my PC components, do I have to purchase
> a new operating system?*
>
> ANSWER. The answer depends on the components that are upgraded or
> changed in the PC. The operating system licenses must remain with the
> device that retains the motherboard, chipsets, and chassis that
> include the serial number of the device. The operating system may be
> installed on a new/replacement hard drive as long as the operating
> system is first removed from the old hard drive.
>
>
>
> Please refer to the section on "Modifications to hardware and how they
> affect the activation status of Windows XP" in the following link for
> a more detailed explanation regarding specific hardware changes. The
> same hardware component changes that can be made to a PC before
> requiring re-activation of Windows XP are the same changes that can be
> made before a PC is considered to be "new" - and when a new license
> for OEM software is required.
>
>
>
> http://microsoft.com/piracy/basics/activation/windowsproduct activationtechnicalmarketbulletin.doc
>
>
>
> 13. *Am I allowed to "downgrade" with my OEM operating system
> license?*
>
> ANSWER: OEM Operating system licenses (with the exception of Windows
> XP Professional) do not include downgrade rights.
>
>
>
> The Windows XP EULA grants you a "downgrade" right, that is the right
> to install and run a previous version of Microsoft Windows. However,
> under the terms of the EULA, the Windows XP EULA remains applicable.
> In order to downgrade, it is necessary for you to accept the terms of
> the Windows XP EULA by going through the initial start-up process and
> accepting the Windows XP license. Thereafter, you (or the OEM, on your
> behalf if authorized) may delete Windows XP from the computer and
> install a prior version of Microsoft Windows. You user may not
> install a prior version unless your have deleted Windows XP from the
> computer system. The EULA specifically provides that neither the OEM
> nor Microsoft will provide support for the downgraded version or
> supply the media from which you will copy the downgraded version. You
> (or the OEM on your behalf) may use the media from any genuine
> Microsoft software for which it is legally licensed to install the
> downgrade software, for example: Select, Open, Retail (FPP) or system
> builder (E2E) media. (Note that the installation of a prior version
> of Microsoft Windows using media supplied in connection with another
> legally licensed computer does not affect the license status of such
> other computer (i.e. You do not have to delete the earlier version
> from the other PCs) - Microsoft is simply authorizing you to use this
> media to accomplish the downgrade on the new computer system.) You
> retain the right to reinstall Windows XP at any time, provided you
> also delete the prior version.
>
>
>
> Windows XP Professional is the only MICROSOFT OEM software product
> which grants such a downgrade right.
>
>
>
> 14. *Can I transfer my upgrade (VUP [Version Upgrade], CUP
> [Competitive Upgrade], PUP [Product Upgrade], UA [Upgrade
> Advantage], SA [Software Assurance]) operating system licenses
> from an old PC to a new one?*
>
> Example. A customer had an older machine that came pre-installed with
> MS-DOS and Windows 3.1 and the customer then acquired a Windows 98
> upgrade license via the Academic Select Program. If the customer
> decided to donate the machine to a charity, could he or she remove
> Windows 98 from that machine and then transfer the Windows 98 upgrade
> license to a different machine within their organization?
>
> ANSWER. No. Under Academic Select and Academic Open, operating
> system upgrade licenses are tied to the machines on which they are
> first installed. If a customer acquires an upgrade license via one of
> those programs and then installs that upgrade on a given machine, the
> upgrade license is then tied to that machine and may not be
> transferred to another machine, regardless of whether or not the
> upgraded software is removed from the original machine. Upgrades are
> simply product upgrades to the original license. They do not
> constitute new licenses in themselves.
>
>
>
> 15. *Do the same OEM licensing terms apply to server products as
> they do to desktop operating system products*?
>
> ANSWER. End User License Agreements (EULAs) vary among products and
> you should check the EULA for each product before installing them. In
> general, OEM server and OEM desktop operating systems have similar
> EULAs, e.g., they are generally non-transferable and there are
> normally no downgrade rights.
>
>
>
> � 2001-2005 Microsoft Corporation. All rights reserved. Microsoft,
> MS-DOS, Windows, and Windows NT are either registered trademarks or
> trademarks of Microsoft Corporation in the United States and/or other
> countries.
>

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I didn't like the part about having to get a new OS if you replace the
mobo. 
Oh well, I already use linux and irix here and I see this as just
another nail in the me MS coffin 
jef 
 
Aaron Allen wrote:
<blockquote cite="mid44048d82@linux" type="cite">
<meta http-equiv="Content-Type" content="text/html; ">
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<div><a
href="http://www.flexbeta.net/main/comments.php?id=18469&catid=5">http://www.flexbeta.net/main/comments.php?id=18469&catid=5</a></div>
<div> </div>
<div><a
href=" http://download.microsoft.com/download/4/e/3/4e3eace0-4c6d-4 123-9d0c-c80436181742/OSLicQA.doc"> http://download.microsoft.com/download/4/e/3/4e3eace0-4c6d-4 123-9d0c-c80436181742/OSLicQA.doc</a></div>
<div> </div>
<div>Of particular interest is topic
11.  </div>
<div> </div>
<div>
Education Operating System
Licensing Q&A<o:p></o:p>
 <o:p></o:p>
Please Note:  This Q&A is provided solely for
informational purposes.  Your use of Microsoft Software Products is
governed by the terms and conditions of your licensing agreement.<o:p></o:p>
 <o:p></o:p>
For more information on licensing
please visit <a href="http://www.microsoft.com/licensing">http://www.microsoft.com/licensing</a> or <a>http://www.microsoft.com/education/HowToBuy.mspx</a> <o:p></o:p>
  <o:p></o:p>
Frequently Asked Questions<o:p></o:p>
 <o:p></o:p>
<ol style="margin-top: 0in;" type="1">
<li class="MsoNormal" style="margin: 0in 0in 0pt;">What is a software license?<o:p></o:p></li>
</ol>
ANSWER. A software license gives a person (or an institution)
the right to use a software product in a particular way.   The terms of
the license agreement describe the permitted uses of the software. 
Copyright law also limits how a person may use the software.  A person
needs a license for each software program he or she installs on a
computer. <o:p></o:p>
<o:p> </o:p>
<ol style="margin-top: 0in;" start="2" type="1">
<li class="MsoNormal" style="margin: 0in 0in 0pt;">How does copyright law apply
to software licensing?<o:p></o:p></li>
</ol>
ANSWER. According to the U.S.
Copyright Act, it is illegal to make or distribute copyrighted material
(which includes computer programs) without specific authorization from
the copyright owner. The unauthorized duplication of software
constitutes copyright infringement, regardless of whether it is done
for sale, for free distribution, or for the copier's own use.<o:p></o:p>
<o:p> </o:p>
<ol style="margin-top: 0in;" start="3" type="1">
<li class="MsoNormal" style="margin: 0in 0in 0pt;">What is an OEM license?<o:p></o:p></li>
</ol>
ANSWER.  An
“OEM” license is a license distributed by an Original Equipment
Manufacturer, or an “OEM.”  An OEM is a person
or company who builds and sells computers.  Some
OEMs also distribute software, especially operating systems such as
Microsoft® Windows.<o:p></o:p>
<o:p> </o:p>
<ol style="margin-top: 0in;" start="4" type="1">
<li class="MsoNormal" style="margin: 0in 0in 0pt;">When a school or institution enters into a
Microsoft Volume Licensing agreement (Campus Agreement, School
Agreement, Academic Open, Academic Select), does that mean it is
licensed for a full Microsoft® operating system (OS), such as Windows?<o:p></o:p></li>
</ol>
ANSWER: No. Microsoft Volume Licensing only licenses a
school or institution for an upgrade for Windows, and sometimes for a
downgrade to an earlier version of Windows. There are only three ways
for an education institution to obtain a full operating system:<o:p></o:p>
§           Acquire
the Full-Packaged Product from a retail store.<o:p></o:p>
§           Acquire
a new PC with an OEM version of the operating system preinstalled.<o:p></o:p>
§           Acquire
an OEM license with additional hardware from your system builder.<o:p></o:p>
<o:p> </o:p>
<ol style="margin-top: 0in;" start="5" type="1">
<li class="MsoNormal" style="margin: 0in 0in 0pt;">What underlying full operating
system license qualifies for Windows operating system upgrade licenses
offered through Microsoft Academic Volume Licensing programs?<o:p></o:p></li>
</ol>
ANSWER. For upgrade eligibility for
licenses acquired through Academic Open or Academic Select, refer to
the current Microsoft Product List available at <a> http://www.microsoft.com/licensing/resources/default.asp#pro dlist</a>.<o:p></o:p>
<o:p> </o:p>
In order to qualify for the Windows OS Upgrades offered
through Campus Agreement or School Agreement, you or your users must have a valid license for a
Microsoft Windows operating system on each PC on which the software is
run.<o:p></o:p>
<o:p> </o:p>
<ol style="margin-top: 0in;" start="6" type="1">
<li class="MsoNormal" style="margin: 0in 0in 0pt;">What is the difference between OEM product and
Full-Packaged Product (FPP)?<o:p></o:p></li>
</ol>
ANSWER.  OEM products are intended to be preinstalled on
hardware before the end user purchases the product.  They are “shrink
wrapped” and do not come in a box like the retail products do. 
Full-Packaged Product (FPP) is boxed with CD(s), manuals, and the EULA
and is sold in retail stores in individual boxes.  The End User License
Agreements (commonly referred to as “EULAs”) for OEM and FPP products
are slightly different.  One main difference is that an OEM operating
system license (such as the license for Windows) cannot be transferred
from its original PC to another PC.   However, the FPP version of
Windows may be transferred to another PC as long as the EULA, manual
and media (such as the backup CD) accompany the transfer to the other
PC.  Also, when a customer purchases an OEM product, the OEM license
requires the OEM to provide support for the product.   <o:p></o:p>
<o:p> </o:p>
<ol style="margin-top: 0in;" start="7" type="1">
<li class="MsoNormal" style="margin: 0in 0in 0pt;">How do I know whether I have a
genuine OEM license for my operating system?  <o:p></o:p></li>
</ol>
ANSWER.  Microsoft has a website that
helps customers determine if they have acquired genuine Microsoft
products at <a href="http://www.microsoft.com/howtotell">http://www.microsoft.com/howtotell</a>.  After reviewing the site, if you believe that your
Microsoft product may be suspect or counterfeit, you should report this
suspected piracy in the tool provided on the website.  Alternatively,
you may call 1-800-RULEGIT or e-mail <a>piracy@microsoft.com</a> to report any suspected counterfeit or pirated software.<o:p></o:p>
<o:p> </o:p>
<ol style="margin-top: 0in;" start="8" type="1">
<li class="MsoNormal" style="margin: 0in 0in 0pt;">What do I do if I realize that
I do not have a full license for Windows, or if I received a donated PC
that did not come with an operating system license?<o:p></o:p></li>
</ol>
ANSWER.  If you
do not have a genuine operating system license, you can acquire a
Full-Packaged Product (FPP) version of the product from your local
retail store.  Or you may purchase an OEM
version of an operating system from a Microsoft System Builder, subject
to the requirement that you purchase hardware with that OEM version of
the product.  At that time, you should receive a
genuine EULA, Certificate of Authenticity (COA), and manual.  Visit the Microsoft How to Tell website to
determine whether you have genuine software and licensing; <a>http://www.microsoft.com/piracy/howtotell</a>. <o:p></o:p>
<o:p> </o:p>
<ol style="margin-top: 0in;" start="9" type="1">
<li class="MsoNormal" style="margin: 0in 0in 0pt;">Can I transfer my operating
system license from an old PC to a new one?<o:p></o:p></li>
</ol>
ANSWER. Not unless it was purchased as a Full-Packaged
Product from a retail store (i.e., Windows in a box). Current OEM
licenses for all Microsoft operating system products are not
transferable from one machine to another. The End User License
Agreement (EULA) governs the terms for transfer of licenses.  Some EULAs for copies of certain older OEM
operating system products (i.e., MS-DOS®, Windows® 3.1,
and Windows for Workgroups 3.1) distributed in 1995 or earlier may
permit transfer of the OEM operating system software license under
limited circumstances.  (See Software Product Transfer section
of your End User License Agreement.)  <o:p></o:p>
<o:p> </o:p>
<ol style="margin-top: 0in;" start="10" type="1">
<li class="MsoNormal" style="margin: 0in 0in 0pt;">  If I
“retire” a PC with an OEM license on it, can I use that software on a
new PC?<o:p></o:p></li>
</ol>
ANSWER. No. To put it simply, OEM
product is “married” to the original PC on which it was installed.
Current OEM licenses are not transferable from one machine to another.
The software cannot be moved from PC to PC, even if the original PC it
was installed on is no longer in use. This is true for all OEM software
– operating systems and applications.<o:p></o:p>
<o:p> </o:p>
<ol style="margin-top: 0in;" start="11" type="1">
<li class="MsoNormal" style="margin: 0in 0in 0pt;">Rather
than purchase completely new PCs, my organization performs in-place
upgrades to the hardware on many of our computers. We often times only
replace the motherboard, processor, and memory. Since the COA is still
on the case and the OS is still installed on the hard drive, this
computer is still licensed, right?<o:p></o:p></li>
</ol>
ANSWER.  Generally,
you may upgrade or replace all of the hardware components on your
computer and maintain the license for the original Microsoft OEM
operating system software, with the exception of an upgrade or
replacement of the motherboard. An upgrade of
the motherboard is considered to result in a "new personal computer."
Microsoft OEM operating system software cannot be transferred from one
computer to another. Therefore, if the motherboard is upgraded or
replaced for reasons other than a defect then a new computer has been
created, the original license expires, and a new full operating system
license (not upgrade) is required. This is true even if the computer is
covered under Software Assurance or other Volume License programs.<o:p></o:p>
<o:p> </o:p>
<ol style="margin-top: 0in;" start="12" type="1">
<li class="MsoNormal" style="margin: 0in 0in 0pt;">  If I
upgrade some of my PC components, do I have to purchase a new operating
system?<o:p></o:p></li>
</ol>
ANSWER.  The answer depends on the
components that are upgraded or changed in the PC. The operating system
licenses must remain with the device that retains the motherboard,
chipsets, and chassis that include the serial number of the device. The
operating system may be installed on a new/replacement hard drive as
long as the operating system is first removed from the old hard drive.  <o:p></o:p>
<o:p> </o:p>
Please refer to the section on “Modifications
to hardware and how they affect the activation status of Windows XP”
in the following link for a more detailed explanation regarding
specific hardware changes. The same hardware component changes that can
be made to a PC before requiring re-activation of Windows XP are the
same changes that can be made before a PC is considered to be “new” -
and when a new license for OEM software is required. <o:p></o:p>
<o:p> </o:p>
<a> http://microsoft.com/piracy/basics/activation/windowsproduct activationtechnicalmarketbulletin.doc</a><o:p></o:p>
<o:p> </o:p>
<ol style="margin-top: 0in;" start="13" type="1">
<li class="MsoNormal" style="margin: 0in 0in 0pt;">  Am I allowed to
“downgrade” with my OEM operating system license? <o:p></o:p></li>
</ol>
ANSWER: OEM Operating system licenses (with the exception
of Windows XP Professional) do not include downgrade rights.    <o:p></o:p>
<o:p> </o:p>
The Windows XP EULA grants you a “downgrade” right, that
is the right to install and run a previous version of Microsoft
Windows.  However, under the terms of the EULA, the Windows XP EULA
remains applicable.  In order to downgrade, it is necessary for you to
accept the terms of the Windows XP EULA by going through the initial
start-up process and accepting the Windows XP license. Thereafter, you
(or the OEM, on your behalf if authorized) may delete Windows XP from
the computer and install a prior version of Microsoft Windows.  You
user may not install a prior version unless your have deleted Windows
XP from the computer system.  The EULA specifically provides that
neither the OEM nor Microsoft will provide support for the downgraded
version or supply the media from which you will copy the downgraded
version.  You (or the OEM on your behalf) may use the media from any
genuine Microsoft software for which it is legally licensed to install
the downgrade software, for example: Select, Open, Retail (FPP) or
system builder (E2E) media.  (Note that the installation of a prior
version of Microsoft Windows using media supplied in connection with
another legally licensed computer does not affect the license status of
such other computer (i.e. You do not have to delete the earlier version
from the other PCs) – Microsoft is simply authorizing you to use this
media to accomplish the downgrade on the new computer system.)  You
retain the right to reinstall Windows XP at any time, provided you also
delete the prior version.<o:p></o:p>
<o:p> </o:p>
Windows XP Professional is the only MICROSOFT OEM
software product which grants such a downgrade right.<o:p></o:p>
<o:p> </o:p>
<ol style="margin-top: 0in;" start="14" type="1">
<li class="MsoNormal" style="margin: 0in 0in 0pt;">Can I transfer my upgrade (VUP [Version Upgrade],
CUP [Competitive Upgrade], PUP [Product Upgrade], UA [Upgrade
Advantage], SA [Software Assurance]) operating system licenses from an
old PC to a new one? <o:p></o:p></li>
</ol>
Example.  A customer had an older
machine that came pre-installed with MS-DOS and Windows 3.1 and the
customer then acquired a Windows 98 upgrade license via the Academic
Select Program.  If the customer decided to donate the machine to a
charity, could he or she remove Windows 98 from that machine and then
transfer the Windows 98 upgrade license to a different machine within
their organization?  <o:p></o:p>
ANSWER.  No. 
Under Academic Select and Academic Open, operating system upgrade
licenses are tied to the machines on which they are first installed. 
If a customer acquires an upgrade license via one of those programs and
then installs that upgrade on a given machine, the upgrade license is
then tied to that machine and may not be transferred to another
machine, regardless of whether or not the upgraded software is removed
from the original machine.  Upgrades are simply product upgrades to the
original license. They do not constitute new licenses in themselves.<o:p></o:p>
<o:p> </o:p>
<ol style="margin-top: 0in;" start="15" type="1">
<li class="MsoNormal" style="margin: 0in 0in 0pt;">Do the same OEM licensing
terms apply to server products as they do to desktop operating system
products?<o:p></o:p></li>
</ol>
ANSWER. End User License Agreements
(EULAs) vary among products and you should check the EULA for each
product before installing them. In general, OEM server and OEM desktop
operating systems have similar EULAs, e.g., they are generally
non-transferable and there are normally no downgrade rights.<o:p></o:p>
<o:p> </o:p>
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