[Question] - really confused about oem software

[nicoleabraira]

I am really confused about this OEM software. I'm in the market for Windows XP Home with sp/2 and I've been researching the differences between retail and OEM versions. All the websites debate whether or not OEM software is legal to sell and they all list the same three differences between retail and OEM. But I heard that you can only register this type of software to one computer EVER. Since my PC is 5 years old and has consistently given me problems, I really don't know when it might die. So if I have to buy a new computer at some point before another better Windows OS is available, I want to be able to reinstall the software I buy now on the new computer. I contacted techforless and explained my situation, and they said yes, you can only register OEM software on one computer. However, another seller through Amazon insisted that it is not true, it's just that I cannot have the software installed on two computers at once. Can anyone settle this? In the meantime, I needed the software, so I just bought retail to be safe. I got a good deal online. Thanks!

Title Edited - Please follow new forum rules from now on

-- Martin L

[jondercik]

you need retail then. OEM is tied to the hardware.

[TheFlash428]

Yes, depending on what hardware your OEM version is tied to, you may be able to re-install an OEM version on another computer within the guidelines of the EULA (assuming you could use the hardware with the new computer, and as you mentioned you were only using the software on 1 computer), but it sounds as if retail is what you were looking for.

BTW, anyone feel free to correct me if I'm wrong.

[Bezalel]

Here's Microsoft's official opinion.

A refurbished PC is a computer system that has had substantial hardware modifications that may require a new operating system license — because the modifications have essentially created a "new" PC.

Generally, you may upgrade or replace all of the hardware components on your customer's computer and the end user may 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" to which Microsoft® OEM operating system software cannot be transferred from another computer. If the motherboard is upgraded or replaced for reasons other than a defect, then a new computer has been created and the license of new operating system software is required.

Note that while Software Assurance can be transferred from one PC to another, the bootable operating system may not be transferred from one PC to another, regardless of whether the PC has Software Assurance.

If the motherboard is replaced because it is defective, you do NOT need to acquire a new operating system license for the PC.

The reason for this licensing rule primarily relates to the end-user license agreement (EULA) and the support of the software covered by that EULA. The EULA is a set of usage rights granted to the end-user by the PC manufacturer and relates only to rights for that software as installed on that particular PC. The System Builder is required to support the software on that individual PC. Understanding that end users, over time, upgrade their PC with different components, Microsoft needed to have one base component "left standing" that would still define that original PC. Since the motherboard contains the CPU and is the "heart and soul" of the PC, when the motherboard is replaced (for reasons other than defect) a new PC is essentially created. The original System Builder, therefore, can not be expected to support this new PC that they in effect, did not manufacture.

[gdogg]

heh, so basically, if you call your computer upgrade, (switch)

a motherboard being defective, you dont breach the eula.

heh, basically, only certain computer manufacturers, have oem cds, that prevent you from install that windows on another computer.

ex. toshiba laptop, restore cds.

but then again, thats not a xp oem cd.

Edited January 31, 2006 by gdogg