OEM licenses are indeed permanently assigned to the original computer and may not be transferred to any other. Yes, a computer is defined by Microsoft to be the motherboard. Purchasing a new mobo (upgrade replacement) does indeed invalidate the
OEM license. A full license copy of Windows is required in its place. However, an OEM may replace a defective mobo (repair replacement) without invalidating the original license. In other words, if you replace your mobo with a new one of
your choice you will also need to purchase a full license copy of Windows for it.
A full license copy does not grant the right for installation on more than one computer. It is not tied to any computer, however, and may be transferred as long as the license is not installed on more than one computer at a time.
A Family Pack license can be activated on up to three computers. However, the Family Pack is specifically Home Premium and is an upgrade license only.
A full license retail EULA states:
17.
TRANSFER TO ANOTHER COMPUTER.
a.
Software Other than Windows Anytime Upgrade. You may transfer the software and install it on another computer for your use. That computer becomes the licensed computer. You
may not do so to share this license between computers.
An OEM license states:
2.
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.”
The OEM FAQ sheet states, under Transfer of License
"Q. Can my customers transfer or sell their OEM software licenses?
A. After an OEM software license has been installed on a PC, the license may not be installed on or transferred to another PC. However, the entire PC may be transferred to another end user along with the software license rights. When transferring
the PC to the new end user, the software media, manuals (if applicable), and Certificate of Authenticity label must be included. It is also advisable to include the original purchase invoice or receipt. The original end user cannot keep any copies of the software."
And under Refurbished/Used PCs
Q. If my customer asks me to upgrade a PC with new hardware components, when is a new operating system needed? When would the PC be considered "new"?
A. Generally, an end user can upgrade or replace all of the hardware components on a computer—except the motherboard—and still retain the license for the original Microsoft OEM operating system software. If the motherboard
is upgraded or replaced for reasons other than a defect, then a new computer has been created. Microsoft OEM operating system software cannot be transferred to the new computer, and the license of new operating system software is required.
If the motherboard is replaced because it is defective, you do not need to acquire a new operating system license for the PC as long as the replacement motherboard is the same make/model or the same manufacturer's replacement/equivalent, as defined
by the manufacturer's warranty.
And concerning OEM System Builder packs on sale on retail websites:
An OEM System Builder license does not permit the purchaser of the SB pack to use the software himself. It only grants the purchaser the right to install the software on a computer for sale to a customer. OEM System Builder packs are not for
end users. An end user building his own computer is not a system builder as defined by Microsoft. He is a do-it-yourselfer (DIY). This includes systems built gratis for family members, friends, etc.
Colin Barnhorst Windows 7 Ultimate x64 on DIY with 6GB ram.
