Nodsu said:
So when, say, the mobo of my OEM system fries, I am not allowed to replace it? Not is the manufacturer allowed to replace it under warranty? That would break a law, wouldn't it?
Yes, indeed. Microsoft's fine print is by no means lenient or even practical.
Yes - all of them - although a lawyer might understand the EULAs better.
The OEM EULA in particular leaves some open-ended questions like what exactly constitutes a 'computer' and when does it no longer become a 'single integrated product'? I've not only read the EULAs for each product in an attempt to understand them, but I've done some research to figure out the details. It's been important because XP has played such a large role in my work for the past several years for both myself and the places I've worked. I will share with you my conclusions.
Could you post the part that says it is tied to the motherboard? My copy says "The SOFTWARE is licensed with the COMPUTER as a single integrated product and may only be used with the COMPUTER."
This is the smoking gun, as you've pointed out part of this yourself:
Code:
* Software as a Component of the Computer - Transfer.
THIS LICENSE MAY NOT BE SHARED,
TRANSFERRED TO OR USED CONCURRENTLY
ON DIFFERENT COMPUTERS. The SOFTWARE
is licensed with the HARDWARE as a single integrated
product and may only be used with the HARDWARE. If the
SOFTWARE is not accompanied by new HARDWARE, you may
not use the SOFTWARE. You may permanently transfer all
of your rights under this EULA only as part of a
permanent sale or transfer of the HARDWARE, provided
you retain no copies, if you transfer all of the SOFTWARE
(including all component parts, the media and printed
materials, any upgrades, this EULA and the Certificate
of Authenticity), and the recipient agrees to the terms
of this EULA. If the SOFTWARE is an upgrade, any
transfer must also include all prior versions of the
SOFTWARE.
It is starkly contrasted by the Retail EULA's transfer rights:
Code:
You may move the Product to a different
Workstation Computer. After the transfer, you must
completely remove the Product from the former Workstation
Computer. Transfer to Third Party. The initial user of the
Product may make a one-time transfer of the Product to
another end user. The transfer has to include all
component parts, media, printed materials, this EULA, and
if applicable, the Certificate of Authenticity. The
transfer may not be an indirect transfer, such as a
consignment. Prior to the transfer, the end user receiving
the transferred Product must agree to all the EULA terms.
No Rental. You may not rent, lease, lend or provide
commercial hosting services to third parties with the
Product.
The EULA doesn't say 'motherboard' specifically, but system board is implied according to various sources online. From what I've read, the 'motherboard' is what defines a computer to MS. However, if you take the OEM EULA literally, your XP install is married to THAT partiticular motherboard. This 'legally' means even if you replace it with the same model... same revision... you're f#$^%d. The EULA fails to define exceptions for repairs, upgrades etc.. So we can only guess. Here's a random link that addresses this:
"Generally, you may upgrade or replace all of the hardware components on your customer's computer and the customer may maintain the license for the original Microsoft OEM operating system software, with the exception of an upgrade or replacement of the motherboard. Unless upgraded or replaced under warranty, if the motherboard is upgraded, then a new computer has been created and the license of new operating system software is required. The original Microsoft OEM operating system software cannot be transferred to another computer." -- Microsoft SMB team
http://www.michaelstevenstech.com/oemeula.htm
Given the inconsistency that MS has shown with OEM transferability though, this is certainly not concrete. If a concrete answer is what we'd like, then look to these sources...
MSDN said:
"Not all licenses have transfer rights included in them. In fact, OEM licenses do NOT have transfer rights included in them."
http://blogs.msdn.com/mssmallbiz/archive/2007/11/01/5821322.aspx
"Can I uninstall my OEM software from one machine and install it on a new or replacement machine?
- ANSWER: No. OEM software has no transferability of license rights. This is not new and has been the case for a long, long, long, time. Look in your End-User License Agreement (EULA) for your OEM software. You will notice it does not include Transferability of License Rights. This is just one of the many differences between OEM and Retail or Volume License software."
http://blogs.msdn.com/mssmallbiz/archive/2005/06/06/425681.aspx
If we were to follow this to the letter, you are not allowed to replace anything at all.
I share your feelings. Microsoft's licensing policies are Nazi at best.
But the reality is if you call up the MS activation center, they will be happy to give you a valid activation code upon the claim that the system is being upgraded or repaired. This doesn't make it legitimate necessarily, but this kind of validation makes it especially OK in my opinion. I have
no remorse or concern for moving an OEM install to a new computer because not only is it morally correct (IMO) but the activation hot line allows it. That's difficult to argue with, EULA or not.
Below are the EULAs straight off of my XP discs (SP1). All of my SP2 discs are slipstreamed versions and the EULAs do not change. They could be different on retail discs, since I know MS has had some changes to their OEM policies since SP1.
