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Dell OEM Licenses which are redistributed RRS feed

  • Question

  • I'm not sure if this is the best place to ask, but I just need some clarification from Microsoft's mouth as it were.You see people selling OEM copies of Windows on Ebay which are supposed to be distributed with a PC from a large OEM such as Dell.I'm pretty sure this isn't legal, but why is this so and where is it stated?Thanks in advance.

    Burnsy
    Thursday, August 31, 2006 10:34 AM

Answers

  • Burnsy2023,

    There are two different types of OEM installations. One is the OEM/SLP install. That version of windows is Modified a bit by the Manufacturer to read a certian BIOS and will only install if the criteria are met. That version of windows does not have to be activated by the user. An OEM Systembulder Windows build is for the small system builder, or even the end user that builds computers as a hobby.

    Both have different EULA's and requirements in order to be legal.

    Let me know if that answered your question well enough.

    Thursday, August 31, 2006 11:28 AM
  • Dear nfcoluk,
    Yes, this is still true. When a retail Upgrade product is installed on an OEM PC (that already had a genuine copy of Windows) then the upgraded installation is now a ‘retail’ version of Windows and takes on the license rights of the upgrade. As such it can be transferred to a new PC. This is only true if the upgrade license the retail boxed product, upgrades through volume licensing work differently.

    Regards,
    Jenifer

    • Marked as answer by JeniferA Tuesday, February 17, 2009 4:12 PM
    Tuesday, February 17, 2009 4:12 PM

All replies

  • Burnsy2023,

    There are two different types of OEM installations. One is the OEM/SLP install. That version of windows is Modified a bit by the Manufacturer to read a certian BIOS and will only install if the criteria are met. That version of windows does not have to be activated by the user. An OEM Systembulder Windows build is for the small system builder, or even the end user that builds computers as a hobby.

    Both have different EULA's and requirements in order to be legal.

    Let me know if that answered your question well enough.

    Thursday, August 31, 2006 11:28 AM
  • Derrick MS,

    I'm curious about used Dell machines advertised with Windows OS OEM licenses that can be purchased from sites like EBAY.  Are these valid licenses since you are buying the entire PC?  Especially with Dell, who only sales Windows OS OEM and by agreement is not allowed to have a "No OS" option when the machine was originally purchased.

    -Tony

    Monday, September 11, 2006 8:53 PM
  • Tony,

    Dell does sell a line of computers without Windows preinstalled:  http://www.dell.com/content/products/compare.aspx/desktops_n?c=us&cs=04&l=en&s=bsd

    The vast majority of Dells do have Windows preinstalled, however, and if you are thinking about purchasing a used major-manufacturer computer, most likely it came with Windows preinstalled and under most normal circumstances will always keep that original license to run Windows.  Most major manufacturers will sell a replacement Recovery/Reinstallation CD if the buyer either original buyer or second-hand buyer, has a need for it.

    Tuesday, September 12, 2006 1:40 PM
  •  Derrick MS wrote:

    Burnsy2023,

    There are two different types of OEM installations. One is the OEM/SLP install. That version of windows is Modified a bit by the Manufacturer to read a certian BIOS and will only install if the criteria are met. That version of windows does not have to be activated by the user. An OEM Systembulder Windows build is for the small system builder, or even the end user that builds computers as a hobby.

    Both have different EULA's and requirements in order to be legal.

    Let me know if that answered your question well enough.



    Thanks Derrick. Sort of answered my question, only I'm unsure to the criteria that is required.

    Is there a copy of the OEM/SLP license that I could read avaliable?

    Burnsy
    Sunday, October 8, 2006 10:27 PM
  • Burnsy, the OEM license for Windows is only valid when attached to the OEM PC it was sold with. When separated it cannot be properly licensed. This requirement is detailed in the OEM's license statement which should be discoverable on the builds of Windows the OEM distributes, you should be able to search your PC for it.

    I believe you also asked the question about upgrade, when an upgrade license is applied to an OEM license it does become the retail form of the license and is transferrable separated from the hardware.

    Hope this answers your question

    Tuesday, October 10, 2006 8:20 PM
  • "...when an upgrade license is applied to an OEM license it does become the retail form of the license and is transferrable separated from the hardware"


    Hi Alex Kochis

    I know this is quite an old topic, but can you confirm that again? Does that cover all versions up to Vista?

    Cheers
    Monday, February 16, 2009 2:14 PM
  • Dear nfcoluk,
    Yes, this is still true. When a retail Upgrade product is installed on an OEM PC (that already had a genuine copy of Windows) then the upgraded installation is now a ‘retail’ version of Windows and takes on the license rights of the upgrade. As such it can be transferred to a new PC. This is only true if the upgrade license the retail boxed product, upgrades through volume licensing work differently.

    Regards,
    Jenifer

    • Marked as answer by JeniferA Tuesday, February 17, 2009 4:12 PM
    Tuesday, February 17, 2009 4:12 PM