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  Rules on Vista OEM Please! 
 
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Suspended User Aug 20, 2007, 03:31am EDT Report Abuse
Hey guys.
Flatmate has just built a new PC and bought an OEM version of VISTA.
I am geussing that will work fine right? Until he changes his components?
Is there a limit on how many times he can reinstall on the same hardware?
Cheers


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Bungle Aug 20, 2007, 05:36pm EDT Report Abuse
>> Re: Rules on Vista OEM Please!
from what I understand OEM versions of OS's are tied to the motherboard, so he should be able to upgrade all components except for that without any problem... However if history is any sort of guide Microsoft is not too picky about people upgrading their motherboards either. Usually what happens is that when you try to activate the OS you will be given a phone number to call and they will ask a few questions then give you a number put in to make it work. Its really not that big of a deal.

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phil Aug 20, 2007, 08:01pm EDT Report Abuse
>> Re: Rules on Vista OEM Please!
oem is not tied to the motherboard.

the rule is that only a system builder my install it, as the oem MUST maintain the licence... seeing how you are the system builder (oem) , it's your responsiblity to maintain th license...

so the following rules apply to you and big oems (like dell/hp/etc):

1. if the computer is sold with the copy on it, YOU must retain the copy/install cd/dvd... and if such time the product(vista) needs repair or re-installation you must either provide the means (repair cd/partition on HDD), or do it your self at your facility (in this case your home)

2. if the product is not sold (you built the computer and are keeping it) you can do whatever you want with vista as long as it's not installed on more than one computer..

.. it's effectively like the computer has never left the factory... if your cpu/video card/ motherboard goes, then replace what you need and reinstall if necessary.. it's just a really long test period .. call it quality control... ok so Dell tests their computers for 48hrs before shipping to the customer... and you test indefinately...

3.. even if the product is sold and you must change the motherboard or whatever and need to re-install and re-activate, vista is licensed to you (the oem) and not the computer.. you have a obligation to uphold your warrenty and replace the motherboard.. if thats a different model so what... (call that out of stock, or another reason :P ).....

.. so that's how OEM works... you can sell the computer, but not the copy of vista.... as the OEM you always own it.. once its activated, microsoft is in full rights to refuse re activation under a new name....

---------------------------
.. for anyone who reads this and doesnt believe me fine.. read through the license agreement... and besides, use common sense... you don't think Dell has to buy another copy of windows everytime they have a computer come in for repair do you ? lololo

---
can't access HWA unless I use a proxy... lol

pfft ..f**k that! (almost sounds like work)
Suspended User Aug 21, 2007, 12:48am EDT Report Abuse
>> Re: Rules on Vista OEM Please!
Ah excellent
Thanks guys!

Richard Sutton Aug 30, 2007, 04:59pm EDT Report Abuse
>> Re: Rules on Vista OEM Please!
I've just spent a long time on the phone to three different Microsoft departments and have now written them an email.

MS are absolutely clear that if you build your own PC using an OEM copy of Vista and are not an officially MS registered System Builder then if the motherboard fails (after only 6 weeks in my case) and you have to fit a replacement motherboard (in my case the nearest model from the same manufacturer I could get since the original is now unobtainable), you will NOT be allowed to activate Vista on the new motherboard.

The options given to me by all 3 MS departments are:

1) Report the original OEM Vista retailer (one of the largest online retailers in the UK!) to the authorities for software piracy as they should never have sold me an illegal OEM version (exact quote from MS).

2) See if the retailer will exchange the OEM version for a retail version. (I have contacted the retailer and am waiting to hear)

3) Buy myself a full retail version and scrap the original OEM disk.

I have explained until I am exhausted that this is a genuine motherboard failure and have offered to send all the RMA and exchange documentation to MS, and I have now included all this with my email to MS.

However all the MS customer services people are absolutely unequivocal - it does not matter whether the motherboard failure is a genuine issue or not, OEM software cannot be transferred by a non-registered system builder under ANY AND ALL CIRCUMSTANCES!

I fear that this is going to turn into a very expensive new build.

Has anyone with a lot of money ever taken legal action against MS for what I believe is an unfair, and therefore potentially unenforceable, term in their EULA?

Richard

Suspended User Aug 30, 2007, 05:13pm EDT Report Abuse
>> Re: Rules on Vista OEM Please!
I would threaten your place of purchase for selling you the OEM illegally.
Seriously....f**k MICROSOFT.....there....I said it.
Always sticking it to the small guy...pricks.

TamTheBam Aug 30, 2007, 06:32pm EDT Report Abuse
>> Re: Rules on Vista OEM Please!

Look I bought Vista Premium 64 Bit when it launched. Back then I'd the
ASUS P5W DH Deluxe. Just over a month ago, i ditched that MoBo for the
ASUS Commando. I installed, called MS (because my network was down) and they
gave me a new key code. Simple. All they asked was it on another machine. I said
no, and that was that. I entered the key and no probs.

Next day,i formatted for the sake of it, but this time regisitered it again but online
and no problems.

There's so much bullshit out there about this. That you can't do this and you can't do
that. It's all word of mouth. If you're really that concerned, ask MS and not ppl
on the internet WHO THINK THE KNOW IT ALL BY JUST GUESSING!


Tam...

....I'm back, but only as a part-timer... :)
phil Aug 30, 2007, 07:36pm EDT Report Abuse
>> Re: Rules on Vista OEM Please!
well i buy nothing but OEM xp and vista.. i exchange parts out like a mad man possessed, and i have had ZERO problems with activation.

i simply activate online, and if told it's been activated too many times a make the 15min phone call to the rep who barely speaks english and i read her the number on my screen and she reads me back a number to type in.. no questions no hassle, just a phone call.

i have read through the EULA numerous times and it make no mention of being a microsoft licenced builder.

---
can't access HWA unless I use a proxy... lol

pfft ..f**k that! (almost sounds like work)
Richard Sutton Aug 31, 2007, 03:45pm EDT Report Abuse
>> Re: Rules on Vista OEM Please!
Richard Sutton said:


2) See if the retailer will exchange the OEM version for a retail version. (I have contacted the retailer and am waiting to hear)

However all the MS customer services people are absolutely unequivocal - it does not matter whether the motherboard failure is a genuine issue or not, OEM software cannot be transferred by a non-registered system builder under ANY AND ALL CIRCUMSTANCES!

Richard


I have now heard back from the retailer who are not prepared to exchange the OEM disk for a full one and have asked me to pursue this again directly with Microsoft. I will inform you of the outcome.

Richard

john albrich Sep 01, 2007, 03:01pm EDT Report Abuse
>> Re: Rules on Vista OEM Please!
P V said:
...i have read through the EULA numerous times and it make no mention of being a microsoft licenced builder.


There isn't just one all-encompassing EULA.

EULAs can vary from vendor to vendor. Each one can make its own arrangements with Microsoft. So, an OEM CD you obtained from one source can have quite different restrictions on it than a CD obtained from a different source.

EULAs can also change over time.

There may also be additional Microsoft or non-Microsoft EULAs involved. For example in the case of additional Microsoft EULAs if memory serves, there are separate EULAs for Microsoft Office, Outlook Express, WinMP, Microsoft.NET, etc. Search on "eula" on your system disk.

phil Sep 01, 2007, 09:56pm EDT Report Abuse
>> Re: Rules on Vista OEM Please!
i was refering to the microsofts own windows xp and vista OEM eulas

---
can't access HWA unless I use a proxy... lol

pfft ..f**k that! (almost sounds like work)
john albrich Sep 02, 2007, 08:08am EDT Report Abuse
>> Re: Rules on Vista OEM Please!
P V said:
i was refering to the microsofts own windows xp and vista OEM eulas

If I understand you correctly, so am I.

Microsoft doesn't use the exact same OEM EULA with every OEM vendor, and even negotiates different EULAs with the same OEM vendor. EULAs can vary in the details, giving one OEM vendor agreements that another OEM vendor doesn't get, or impressing special restrictions that don't apply to other OEM vendors.

For example, one OEM Windows EULA may not permit installing "that" copy of Windows in any other "system", while at least one version of the Windows EULA negotiated with Dell permitted the user to reinstall the OS in another system as long as the old copy was rendered unusable and the same physical motherboard and CPU were used.

Microsoft [b]probably]/b] has a generic EULA template that the lawyers use most often. But again, it can change at any given time. What is said about today's generic OEM Windows EULA may not apply tomorrow.

Richard Sutton Sep 04, 2007, 03:37pm EDT Report Abuse
>> Re: Rules on Vista OEM Please!
Richard Sutton said:
I've just spent a long time on the phone to three different Microsoft departments and have now written them an email.

MS are absolutely clear that if you build your own PC using an OEM copy of Vista and are not an officially MS registered System Builder then if the motherboard fails (after only 6 weeks in my case) and you have to fit a replacement motherboard (in my case the nearest model from the same manufacturer I could get since the original is now unobtainable), you will NOT be allowed to activate Vista on the new motherboard.

I have explained until I am exhausted that this is a genuine motherboard failure and have offered to send all the RMA and exchange documentation to MS, and I have now included all this with my email to MS.

However all the MS customer services people are absolutely unequivocal - it does not matter whether the motherboard failure is a genuine issue or not, OEM software cannot be transferred to a new motherboard by a non-registered system builder under ANY AND ALL CIRCUMSTANCES!



Well, wonders never cease!

I'm delighted to report that I have received two very apologetic phone calls and one email from Microsoft UK this morning. The Customer Service Manager was very professional and apologised for the poor service I received from the three Microsoft activation people and advised that, in cases such as mine where a motherboard has failed, the Microsoft policy is to be flexible and to re-activate OEM software to ensure that the customer is operational again as soon as possible.

I explained that I have built 4 PCs in recent years, two XP, one Vista and one XP/Vista dual boot. The Manager said that as far as Microsoft was concerned this made me a "system builder". She could not understand why the Microsoft activation staff had been incorrect on almost every point but suggested that the training issues would be followed up internally.

I must add that I have never been "anti-Microsoft" and have usually found both their software and hardware to be of good quality. However, this fiasco over OEM activation did shake my confidence in the brand. However, the matter has now been dealt with quickly and professionally - credit where it's due!

I hope this might help someone else out there!

Richard



 

    
 
 

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