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<title>Topic &#x27;Windows 7 OEM for System Builders&#x27; in forum &#x27;Microsoft Help&#x27; - dslreports.com</title>
<link>http://www.dslreports.com/forum/Windows-7-OEM-for-System-Builders-23295109</link>
<description></description>
<language>en</language>
<pubDate>Sat, 11 Feb 2012 16:39:26 EDT</pubDate>
<lastBuildDate>Sat, 11 Feb 2012 16:39:26 EDT</lastBuildDate>

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<title>Re: Windows 7 OEM for System Builders</title>
<link>http://www.dslreports.com/forum/Re-Windows-7-OEM-for-System-Builders-23861556</link>
<description><![CDATA[croakit posted : All very interesting from a legal standpoint. I'm not disputing your point, Dr Olds, and it is indeed impossible to argue against the words a license is made up of, but...<br><br>Everything depends on the legal definition of a "computer" or "computer system".  In the UK this definition is:<br><br>"any device or a group of interconnected or related devices, one or more of which, pursuant to a program, performs automatic processing of data"<br><br>I'm not able to find a definition for the US, it may well simply be defined as a motherboard (though I doubt it).<br><br>So a computer is the sum of its parts and not one particular part. When does a computer become a new computer? That depends on many things, least not philosophy (one of the oldest questions). I am pretty sure that is what joako was getting at. If you want to define swapping out a mobo as constituting a new computer, then go ahead and buy a new license each time you upgrade your hardware. I tend to use the legal definition of computer when reading any EULA (unless otherwise defined INTERNALLY). If the legal definition of computer is muddy in the context of Microsoft's EULAs than that is their problem and they need better lawyers (they probably need better lawyers anyway - seen all the fines they're racking up lately?). Let them sue me, which won't happen (and has never happened). You can even change your motherboard and call them to reactivate your license and they go "okely dokely" in that Ned Flanders voice they all have.<br><br>The EULA is only relevant in the context of Law, (and certainly not unreferenced definitions buried away in Microsoft FAQs, for anyone reading this and getting the fear of god put into them by Microsoft staff).<br><br>Ever see anyone prosecuted 'transferring' a license by swapping out a motherboard? No, because contrary to what Microsoft's license may or may not say, it can only operate in a legal environment. There is more chance of someone successfully suing Microsoft for revoking their license because they changed their motherboard than Microsoft suing anyone (nevermind successfully) over this. They know that, but hide behind the pretence of their flawed EULA because it is a good marketing tool to shift more units (fear sells).<br><br>Next time you swap out a mobo, or a whole system (I did this 6 months back), phone them to reactivate. It really is that simple and the conversation flows along the lines of "I know that you know that I know" from both sides.<br><br>So yes, it is pretty clear what is factual and what is fantasy. Legal definitions are factual. Using those legal definitions in a EULA is a wholly inappropriate manner is fantasy.]]></description>
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<pubDate>Thu, 25 Feb 2010 15:15:08 EDT</pubDate>
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<title>Re: Windows 7 OEM for System Builders</title>
<link>http://www.dslreports.com/forum/Re-Windows-7-OEM-for-System-Builders-23751914</link>
<description><![CDATA[Doctor Olds posted : <div class="bquote"><small>said by <a href="/profile/198350" onClick="this.blur(); return popup(event,'/uidpop?ajh=1&uid=198350');">joako</a>:</small><br><br>Read the <A HREF="http://download.microsoft.com/Documents/UseTerms/Windows7_HomePremium_English_f3fcb9dc-3b69-4a18-ae3c-7d7bede82812.pdf">Windows OEM EULA</a><br><br>  <blockquote><small>quote:</small><hr>21. ENTIRE AGREEMENT. This agreement (including the warranty below), additional terms (including any printed-paper license terms that accompany the software and may modify or replace some or all of these terms), and the terms for supplements, updates, Internet-based services and support services that you use, are the entire agreement for the software and support services.<hr></blockquote><br><br>Now go on and tell me where it says anything other than you can not transfer the license between computers? I can not post proof of words that do not exsist!<br> </div> [att=1]<br><br>Right here. :D<br><br> <blockquote><small>quote:</small><hr>2. INSTALLATION AND USE RIGHTS.<br><br>a. One Copy per Computer. <b>The software license is <u>permanently assigned to the computer</u> with which the software is distributed.</b> That computer is the "licensed computer."<br><br>b. Licensed Computer. You may use the software on up to two processors on the licensed computer at one time. Unless otherwise provided in these license terms, <b>you may not use the software on any other computer.</b><hr></blockquote>Not unless permanent doesn't mean this any longer after all these Decades.<br><br>&raquo;<A HREF="http://www.merriam-webster.com/netdict/permanently" >www.merriam-webster.com/netdict/permanently</A><br> <blockquote><small>quote:</small><hr>: continuing or enduring without fundamental or marked change<hr></blockquote><br><br>And upgrading the OS doesn't let you get around the terms to use, sell or transfer the older version either.<br><br> <blockquote><small>quote:</small><hr>14. UPGRADES. To use upgrade software, you must first be licensed for the software that is eligible for the upgrade. <b>Upon upgrade, this agreement takes the place of the agreement for the software you upgraded from. <u>After you upgrade, you may no longer use the software you upgraded from.</u></b><hr></blockquote><br><br>You can only transfer the OS if the PC and all prior OS versions (if an upgrade was used) go with the PC, you can't keep any copies or prior versions of any of the OS.<br><br> <blockquote><small>quote:</small><hr>16. TRANSFER TO A THIRD PARTY. <b>You may <u>transfer the software</u> directly to a third party <u>only with the licensed computer</u>. The transfer must include the software and the Certificate of Authenticity label. You may not keep any copies of the software <u>or any earlier version.</u></b> Before any permitted transfer, the other party must agree that this agreement applies to the transfer and use of the software.<hr></blockquote><br><br>It is pretty clear what is factual and what is fantasy.<br><small>--<br><A HREF="http://www.thetruthaboutcars.com/ford-gt/">What&#146;s the point of owning a supercar if you can&#146;t scare yourself stupid from time to time?</a></small><div class="borderless"><TABLE WIDTH=95% align=center border=0 CELLPADDING=4"><TR><TD ALIGN=CENTER VALIGN=CENTER BGCOLOR=#FFFFFF nwrap COLSPAN=3 WIDTH=100%><A HREF="/r0/download/1514654~2e29da6a62931a824fa0b0b53d1dd593/Windows%207_Home%20Premium_English.pdf">Windows 7_Ho&middot;&middot;&middot;lish.pdf</A><br>Windows 7 Home Premium English EULA</TD></TABLE></div>]]></description>
<guid isPermaLink="true">http://www.dslreports.com/forum/Re-Windows-7-OEM-for-System-Builders-23751914</guid>
<pubDate>Thu, 04 Feb 2010 02:19:50 EDT</pubDate>
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<title>Re: Windows 7 OEM for System Builders</title>
<link>http://www.dslreports.com/forum/Re-Windows-7-OEM-for-System-Builders-23751690</link>
<description><![CDATA[joako posted : Read the <A HREF="http://download.microsoft.com/Documents/UseTerms/Windows7_HomePremium_English_f3fcb9dc-3b69-4a18-ae3c-7d7bede82812.pdf">Windows OEM EULA</a><br><br> <blockquote><small>quote:</small><hr>21. ENTIRE AGREEMENT. This agreement (including the warranty below), additional terms (including any printed-paper license terms that accompany the software and may modify or replace some or all of these terms), and the terms for supplements, updates, Internet-based services and support services that you use, are the entire agreement for the software and support services.<hr></blockquote><br><br>Now go on and tell me where it says anything other than you can not transfer the license between computers? I can not post proof of words that do not exsist!<br><small>--<br>PRescott7-2097</small>]]></description>
<guid isPermaLink="true">http://www.dslreports.com/forum/Re-Windows-7-OEM-for-System-Builders-23751690</guid>
<pubDate>Thu, 04 Feb 2010 00:26:33 EDT</pubDate>
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<title>Re: Windows 7 OEM for System Builders</title>
<link>http://www.dslreports.com/forum/Re-Windows-7-OEM-for-System-Builders-23750235</link>
<description><![CDATA[AngryBlakMan posted : dr olds wins the entire thread. i love seeing people post technical information to back up their claims rather than provide subjective conjecture based on some phantom experience.]]></description>
<guid isPermaLink="true">http://www.dslreports.com/forum/Re-Windows-7-OEM-for-System-Builders-23750235</guid>
<pubDate>Wed, 03 Feb 2010 18:51:15 EDT</pubDate>
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<title>Re: Windows 7 OEM for System Builders</title>
<link>http://www.dslreports.com/forum/Re-Windows-7-OEM-for-System-Builders-23747446</link>
<description><![CDATA[Doctor Olds posted : <div class="bquote"><small>said by <a href="/profile/198350" onClick="this.blur(); return popup(event,'/uidpop?ajh=1&uid=198350');">joako</a>:</small><br><br>The facts are in the EULA. Nothing can change the EULA.<br> </div>Wrong, Microsoft can and they have done it multiple times already and will continue to do so.<br><small>--<br><A HREF="http://www.thetruthaboutcars.com/ford-gt/">What&#146;s the point of owning a supercar if you can&#146;t scare yourself stupid from time to time?</a></small>]]></description>
<guid isPermaLink="true">http://www.dslreports.com/forum/Re-Windows-7-OEM-for-System-Builders-23747446</guid>
<pubDate>Wed, 03 Feb 2010 10:46:50 EDT</pubDate>
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<title>Re: Windows 7 OEM for System Builders</title>
<link>http://www.dslreports.com/forum/Re-Windows-7-OEM-for-System-Builders-23739188</link>
<description><![CDATA[joako posted : The facts are in the EULA. Nothing can change the EULA.<br><small>--<br>PRescott7-2097</small>]]></description>
<guid isPermaLink="true">http://www.dslreports.com/forum/Re-Windows-7-OEM-for-System-Builders-23739188</guid>
<pubDate>Mon, 01 Feb 2010 21:03:31 EDT</pubDate>
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<title>Re: Windows 7 OEM for System Builders</title>
<link>http://www.dslreports.com/forum/Re-Windows-7-OEM-for-System-Builders-23739038</link>
<description><![CDATA[Doctor Olds posted : You can believe what you want as the facts won't convince you.]]></description>
<guid isPermaLink="true">http://www.dslreports.com/forum/Re-Windows-7-OEM-for-System-Builders-23739038</guid>
<pubDate>Mon, 01 Feb 2010 20:37:12 EDT</pubDate>
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<title>Re: Windows 7 OEM for System Builders</title>
<link>http://www.dslreports.com/forum/Re-Windows-7-OEM-for-System-Builders-23738971</link>
<description><![CDATA[joako posted : The USA Windows 7 OEM EULA.<br><br>Or for that matter the Windows Vista OEM EULA or Windows XP OEM EULA.<br><br>None of them talk about hardware compoenents or ask you to refer to a microsoft website, FAQ or similar. They only state that you can not transfer the OEM license between computers. I think a good benchmark would be how many computers do you have? If you have 1 computer and replace everything but the case for whatever reason and you count out what you have -- parts that make up 2 computers working or not. If you have a computer where an internal part, such as the motherboard, fails and it is replaced you only have 1 computer and a part. How could you possibly have TRANFERED the Windows license between computers if you don't have more than 1 computer?<br><br>The EULA is a legal binding contract between Microsoft and the end user. Anything that is not covered there is irrelevant. Furthermore when people try to argue the same as you they post all these FAQs and documents that come from various system builder programs that are not relevent, such as the links you posted above to FAQs for system refurbishers -- Microsoft has licencing programs for refurbished PCs as they do for new PCs.<br><small>--<br>PRescott7-2097</small>]]></description>
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<pubDate>Mon, 01 Feb 2010 20:24:05 EDT</pubDate>
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<title>Re: Windows 7 OEM for System Builders</title>
<link>http://www.dslreports.com/forum/Re-Windows-7-OEM-for-System-Builders-23738824</link>
<description><![CDATA[Doctor Olds posted : <div class="bquote"><small>said by <a href="/profile/198350" onClick="this.blur(); return popup(event,'/uidpop?ajh=1&uid=198350');">joako</a>:</small><br><br>Where in the license agreement is this stated? Or where in the license agreement does it state to refer to an FAQ?<br> </div>Which Licensing Agreement are you asking about because with Win 7 you must buy Retail if you built your own System so OEM is a moot point.<br><br>Licensing for Hobbyists<br>&raquo;<A HREF="http://oem.microsoft.com/script/contentpage.aspx?pageid=563841" >oem.microsoft.com/script/content&middot;&middot;&middot;d=563841</A><br> <blockquote><small>quote:</small><hr>There is a growing market for "do-it-yourself" home PC hobbyists who assemble PCs from components for their own use. Microsoft retail software licenses are the appropriate licenses for the do-it-yourself market. OEM System Builder software is not intended for this use, unless the PC that is assembled is being resold to another party. <br><br>OEM System Builder License<br><br>Use of OEM System Builder software is subject to the terms of the Microsoft OEM System Builder License:<br><br>    * The software is intended for preinstallation on a new personal computer for resale.<br>    * The software requires the assembler to provide end-user support for the Windows software, and cannot be transferred to another computer once it is installed.<br><hr></blockquote><br><br>System Builder License is only for resellers.<br>&raquo;<A HREF="http://oem.microsoft.com/public/sblicense/2008_sb_licenses/fy08_sb_license_english.pdf" >oem.microsoft.com/public/sblicen&middot;&middot;&middot;lish.pdf</A><br> <blockquote><small>quote:</small><hr>MICROSOFT OEM SYSTEM BUILDER LICENSE<br>(Visit www.microsoft.com/oem for additional OEM System Builder information)<hr></blockquote>That license informs you to read the MS Web Site for additional info, seems pretty damn clear.<br><br>Because of people abusing the old loopholes they rewrote the Win 7 License Terms and you can no longer do as was once allowed with XP OEM.<br><br> <blockquote><small>quote:</small><hr>2. Authorized Distribution and Acceptance. To distribute the Software or Hardware in this Pack, you must be a System Builder and accept this license. &#147;System Builder&#148; means an original equipment manufacturer, an assembler, a refurbisher, or a software pre-installer that sells the Customer System(s) to a third party. You accept this license when you open this Pack. If you choose not to accept this license, promptly return the unopened Pack to your distributor.<hr></blockquote>That is pretty clear also. <br><br> <blockquote><small>quote:</small><hr>b. End User License Terms. You must distribute the Software pursuant to the end user license terms (&#147;License Terms&#148;) that accompany it. Under the License Terms, you are the Licensor.<hr></blockquote>Hmm, you are not the Licensee, but instead you are the Licensor.<br><br>This is pretty clear. MS has the right reserved in the Agreement you keep mentioning to change/update that agreement at any time. In fact if you installed SP2 or SP3 on an XP system you agreed to this and said it was OK.<br><br>OEM Microsoft Windows (including XP Pro and XP Home) Licensing Changes You Need To Know About!<br>&raquo;<A HREF="http://blogs.msdn.com/mssmallbiz/archive/2005/09/07/461950.aspx" >blogs.msdn.com/mssmallbiz/archiv&middot;&middot;&middot;950.aspx</A><br><br>Enjoy!<br><small>--<br><A HREF="http://www.thetruthaboutcars.com/ford-gt/">What&#146;s the point of owning a supercar if you can&#146;t scare yourself stupid from time to time?</a></small>]]></description>
<guid isPermaLink="true">http://www.dslreports.com/forum/Re-Windows-7-OEM-for-System-Builders-23738824</guid>
<pubDate>Mon, 01 Feb 2010 19:58:22 EDT</pubDate>
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<title>Re: Windows 7 OEM for System Builders</title>
<link>http://www.dslreports.com/forum/Re-Windows-7-OEM-for-System-Builders-23738666</link>
<description><![CDATA[Hank posted : It was OEM that I purchased for a single system. ]]></description>
<guid isPermaLink="true">http://www.dslreports.com/forum/Re-Windows-7-OEM-for-System-Builders-23738666</guid>
<pubDate>Mon, 01 Feb 2010 19:31:24 EDT</pubDate>
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<title>Re: Windows 7 OEM for System Builders</title>
<link>http://www.dslreports.com/forum/Re-Windows-7-OEM-for-System-Builders-23738651</link>
<description><![CDATA[joako posted : Was it an OEM copy you bought for a single system, or was it a major OEM copy that was preinstalled (Dell, HP, Lenovo, etc)?<br><small>--<br>PRescott7-2097</small>]]></description>
<guid isPermaLink="true">http://www.dslreports.com/forum/Re-Windows-7-OEM-for-System-Builders-23738651</guid>
<pubDate>Mon, 01 Feb 2010 19:28:53 EDT</pubDate>
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<title>Re: Windows 7 OEM for System Builders</title>
<link>http://www.dslreports.com/forum/Re-Windows-7-OEM-for-System-Builders-23738575</link>
<description><![CDATA[Hank posted : <div class="bquote"><small>said by <a href="/profile/198350" onClick="this.blur(); return popup(event,'/uidpop?ajh=1&uid=198350');">joako</a>:</small><br><br>No, all major OEM Windows product keys are invalid for on-line activation because using the recovery disc with the original motherboard no activation is needed.<br> </div>Interesting, I just had to reinstall my OEM Windows7 Pro over the weekend. I had to reactivate and I was able to reactivate over the internet. ]]></description>
<guid isPermaLink="true">http://www.dslreports.com/forum/Re-Windows-7-OEM-for-System-Builders-23738575</guid>
<pubDate>Mon, 01 Feb 2010 19:14:28 EDT</pubDate>
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<title>Re: Windows 7 OEM for System Builders</title>
<link>http://www.dslreports.com/forum/Re-Windows-7-OEM-for-System-Builders-23738314</link>
<description><![CDATA[joako posted : No, all major OEM Windows product keys are invalid for online activation because using the recovery disc with the original motherboard no activation is needed.<br><small>--<br>PRescott7-2097</small>]]></description>
<guid isPermaLink="true">http://www.dslreports.com/forum/Re-Windows-7-OEM-for-System-Builders-23738314</guid>
<pubDate>Mon, 01 Feb 2010 18:36:42 EDT</pubDate>
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<title>Re: Windows 7 OEM for System Builders</title>
<link>http://www.dslreports.com/forum/Re-Windows-7-OEM-for-System-Builders-23737776</link>
<description><![CDATA[anon posted : I had a similar issue with Win XP where I needed to reinstall the OEM version of the OS after replacing the mobo/cpu.<br><br>Subsequently, activation failed but I was prompted to call a MS phone number. I called and explained the situation and while I can't exactly recall what they did, the issue got resolved without me having to make another donation.<br><br>I assume that the OEM version activation process posts some unique ID's from hardware devices to MS and these can't be changed.<br><br>Thou I can't be sure, I'd be surprised if this mechanism had changed in Windows 7.]]></description>
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<pubDate>Mon, 01 Feb 2010 17:49:16 EDT</pubDate>
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<title>Re: Windows 7 OEM for System Builders</title>
<link>http://www.dslreports.com/forum/Re-Windows-7-OEM-for-System-Builders-23737367</link>
<description><![CDATA[joako posted : Where in the license agreement is this stated? Or where in the license agreement does it state to refer to an FAQ?<br><small>--<br>PRescott7-2097</small>]]></description>
<guid isPermaLink="true">http://www.dslreports.com/forum/Re-Windows-7-OEM-for-System-Builders-23737367</guid>
<pubDate>Mon, 01 Feb 2010 16:08:50 EDT</pubDate>
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<title>Re: Windows 7 OEM for System Builders</title>
<link>http://www.dslreports.com/forum/Re-Windows-7-OEM-for-System-Builders-23734252</link>
<description><![CDATA[Doctor Olds posted : Windows Licensing Guide for Refurb PCs<br>&raquo;<A HREF="http://download.microsoft.com/download/9/A/9/9A90E11E-43A3-4E7E-A919-961AF15820CA/Refurbished%20PC%20License%20Guide.pdf" >download.microsoft.com/download/&middot;&middot;&middot;uide.pdf</A><br><br>Microsoft&reg; Windows&reg; Operating System Licensing Guide for<br>&raquo;<A HREF="http://oem.microsoft.com/public/oem/refurb/mar_refurblicensingguide.pdf" >oem.microsoft.com/public/oem/ref&middot;&middot;&middot;uide.pdf</A><br><br><b>Frequently Asked Questions</b><br>&raquo;<A HREF="http://oem.microsoft.com/script/contentpage.aspx?pageid=552846" >oem.microsoft.com/script/content&middot;&middot;&middot;d=552846</A><br> <blockquote><small>quote:</small><hr><b>Q. Can I provide a computer system to my customer without an operating system (also referred to as a "naked PC")?<br><br>A.</b> Yes. There is nothing illegal about selling a computer system without an operating system. However, getting the operating system preinstalled is your customer's most cost-effective way to acquire a genuine Windows operating system license. A customer who subsequently wants to install a Microsoft Windows desktop operating system on that naked PC will need to acquire it through the retail (full packaged product) channel which is a more costly option. Full Windows operating systems are not available through any Microsoft Volume Licensing program, and an OEM operating system license cannot be transferred from an "old" PC to a new one.<br><br>Please see www.microsoft.com/preinstallgenuine for more information on acquiring Windows operating systems preinstalled on a new PC.<hr></blockquote><br><br> <blockquote><small>quote:</small><hr><b> Q. Can a PC with an OEM Windows operating system have its motherboard upgraded and keep the same license? What if it was replaced because it was defective?<br><br>A.</b> Generally, an end user can upgrade or replace all of the hardware components on a computer&#151;except the motherboard&#151;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.<br><br>The reason for this licensing rule primarily relates to the End User Software License Terms and the support of the software covered by that End User Software License Terms. The End User Software License Terms 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 the original PC. Understanding that end users, over time, upgrade their PCs with different components, Microsoft needed to have one base component "left standing" that would still define the 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 did not manufacture this new PC, and therefore cannot be expected to support it.<hr></blockquote><br><br> <blockquote><small>quote:</small><hr><b>Q. Can my customers transfer or sell their OEM software licenses?<br><br>A.</b> 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.<hr></blockquote><br><br> <blockquote><small>quote:</small><hr> <b>Q. My customer bought a new PC and wants to move the OEM software from the old PC to the new one. Can't users do whatever they want with their software?<br><br>A. </b>The OEM software is licensed with the computer system on which it was originally installed and is tied to that original machine. OEM licenses are single-use licenses that cannot be installed on more than one computer system, even if the original machine is no longer in use. The End User Software License Terms, which the end user must accept before using the software, states that the license may not be shared, transferred to, or used concurrently on different computers. System builders must provide end-user support for the Windows license on computers they build, but cannot support licenses on computers they didn&#146;t build. This is a fundamental reason why OEM System Builder licenses can't be transferred.<hr></blockquote><br><br> <blockquote><small>quote:</small><hr><b>Q. What is the difference between a refurbished PC and a used PC?<br><br>A.</b> A refurbished PC is a computer system that has had substantial hardware modifications that may require a new operating system license&#151;because the modifications have essentially created a "new" PC.<br><br>Generally, an end user can upgrade or replace all of the hardware components on a computer&#151;except the motherboard&#151;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.<br><br>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.<br><br>A used PC is a computer system that has had few or no hardware changes. The license for OEM software on a used PC may not be transferred to a new or different PC. However, the entire used PC, including the software media, manuals, and Certificate of Authenticity, may be transferred to another end user along with the software license rights.<hr></blockquote><br><br> <blockquote><small>quote:</small><hr><b>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"?<br><br>A.</b> Generally, an end user can upgrade or replace all of the hardware components on a computer&#151;except the motherboard&#151;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.<br><br>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.<hr></blockquote><br><small>--<br><A HREF="http://www.thetruthaboutcars.com/ford-gt/">What&#146;s the point of owning a supercar if you can&#146;t scare yourself stupid from time to time?</a></small><div class="borderless"><TABLE WIDTH=95% align=center border=0 CELLPADDING=4"><TR><TD ALIGN=CENTER VALIGN=CENTER BGCOLOR=#FFFFFF nwrap COLSPAN=3 WIDTH=100%><A HREF="/r0/download/1513589~446ebd0471dea08c94f46e30900710e8/Windows%20Licensing%20Guide%20for%20Refurb%20PCs.pdf">Windows Lice&middot;&middot;&middot; PCs.pdf</A><br>Windows Licensing Guide for Refurb PCs</TD></TABLE></div>]]></description>
<guid isPermaLink="true">http://www.dslreports.com/forum/Re-Windows-7-OEM-for-System-Builders-23734252</guid>
<pubDate>Sun, 31 Jan 2010 23:35:16 EDT</pubDate>
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<title>Re: Windows 7 OEM for System Builders</title>
<link>http://www.dslreports.com/forum/Re-Windows-7-OEM-for-System-Builders-23733903</link>
<description><![CDATA[Kiwi posted : Incidentally you are both wrong, at least in the first two statements, any user can install any OS provided that individual can evidence a bought copy; on any single system, regardless of hardware changes. My comment regards upgrades was in respect to versions of the OS. The MS rules have not changed and I have invoked the privilege of <strike>ownership</strike> on more than one occasion, for complete hardware changes for the same OS.<br><br>OoPs, license!]]></description>
<guid isPermaLink="true">http://www.dslreports.com/forum/Re-Windows-7-OEM-for-System-Builders-23733903</guid>
<pubDate>Sun, 31 Jan 2010 21:47:33 EDT</pubDate>
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<title>Re: Windows 7 OEM for System Builders</title>
<link>http://www.dslreports.com/forum/Re-Windows-7-OEM-for-System-Builders-23733494</link>
<description><![CDATA[Doctor Olds posted : What you post isn't factual or accurate by any means. MS's true OEM terms are really clear and MS has answered these questions in FAQ Form aka "Q and A" form if you care to take the time to read them. What you post in your first two sentences is way more restrictive than MS actually is so that is not valid and your last sentence is 100% inaccurate about buying a new PC since they come with a new OS pre-installed making that statement about transferring an old OEM OS to a new PC pointless.<br><small>--<br><A HREF="http://www.thetruthaboutcars.com/ford-gt/">What&#146;s the point of owning a supercar if you can&#146;t scare yourself stupid from time to time?</a></small>]]></description>
<guid isPermaLink="true">http://www.dslreports.com/forum/Re-Windows-7-OEM-for-System-Builders-23733494</guid>
<pubDate>Sun, 31 Jan 2010 20:03:31 EDT</pubDate>
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<title>Re: Windows 7 OEM for System Builders</title>
<link>http://www.dslreports.com/forum/Re-Windows-7-OEM-for-System-Builders-23733188</link>
<description><![CDATA[joako posted : The OEM license states nothing about motherboards. <br><br>If a part of your computer fails and you build a new computer you can not transfer the OEM version of Windows.<br>If a part of your computer fails you can not transfer the OEM license to another computer.<br>If a part of your computer fails and you buy one that is compatible and install it there is no reason to buy another copy of Windows.<br><small>--<br>PRescott7-2097</small>]]></description>
<guid isPermaLink="true">http://www.dslreports.com/forum/Re-Windows-7-OEM-for-System-Builders-23733188</guid>
<pubDate>Sun, 31 Jan 2010 18:45:59 EDT</pubDate>
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<title>Re: Windows 7 OEM for System Builders</title>
<link>http://www.dslreports.com/forum/Re-Windows-7-OEM-for-System-Builders-23705350</link>
<description><![CDATA[Doctor Olds posted : <div class="bquote"><small>said by <a href="/profile/445404" onClick="this.blur(); return popup(event,'/uidpop?ajh=1&uid=445404');">Martinus</a>:</small><br><br>But there's something a bit strange here. According to <A HREF="http://blogs.zdnet.com/Bott/?p=1514&page=2&tag=col1;post-1514">the Ed Bott article</a>, "...nor can the motherboard be upgraded.".<br>Now, let's say you are a small system builder and have a little business going. You sell a box to a customer with the OEM license. Fine. The customer's mobo and CPU get fried - has happened to me - and you take the box for mobo and CPU replacement. Do you tell your customer that he/she, not only has to pay for the replaced parts but also for a new OS license?<br> </div>No, you can replaced the defective or dead motherboard with the exact same motherboard model and you do not have to buy a new OEM license, but if you upgrade the motherboard to a newer model, then the OEM license goes out with the old motherboard. Buy Retail instead of OEM to no longer have that limitation. This isn't strange either as XP and Vista have those same OEM terms limiting the motherboard from being upgraded.<br><small>--<br><A HREF="http://www.thetruthaboutcars.com/ford-gt/">What&#146;s the point of owning a supercar if you can&#146;t scare yourself stupid from time to time?</a></small>]]></description>
<guid isPermaLink="true">http://www.dslreports.com/forum/Re-Windows-7-OEM-for-System-Builders-23705350</guid>
<pubDate>Tue, 26 Jan 2010 13:04:09 EDT</pubDate>
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<title>Re: Windows 7 OEM for System Builders</title>
<link>http://www.dslreports.com/forum/Re-Windows-7-OEM-for-System-Builders-23695024</link>
<description><![CDATA[Kiwi posted : While deciding which copy to purchase, from MS. I really don't think the majority of users will see anything that's really problematic from either the OEM or retail. Upgrades however is a different story.]]></description>
<guid isPermaLink="true">http://www.dslreports.com/forum/Re-Windows-7-OEM-for-System-Builders-23695024</guid>
<pubDate>Sun, 24 Jan 2010 15:12:12 EDT</pubDate>
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<title>Re: Windows 7 OEM for System Builders</title>
<link>http://www.dslreports.com/forum/Re-Windows-7-OEM-for-System-Builders-23693549</link>
<description><![CDATA[Martinus posted : <div class="bquote"><small>said by <a href="/profile/817075" onClick="this.blur(); return popup(event,'/uidpop?ajh=1&uid=817075');">Kiwi</a>:</small><br><br>...unless somebody can show differently, the OEM will allow ten loads on different hardware installs before prompting a call to MS... </div>That sounds great but where did you find that info?]]></description>
<guid isPermaLink="true">http://www.dslreports.com/forum/Re-Windows-7-OEM-for-System-Builders-23693549</guid>
<pubDate>Sun, 24 Jan 2010 04:36:32 EDT</pubDate>
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<title>Re: Windows 7 OEM for System Builders</title>
<link>http://www.dslreports.com/forum/Re-Windows-7-OEM-for-System-Builders-23693546</link>
<description><![CDATA[Martinus posted : <div class="bquote"><small>said by <a href="/profile/1241545" onClick="this.blur(); return popup(event,'/uidpop?ajh=1&uid=1241545');">prizmeye</a>:</small><br><br>To you all:<br><br>I would appreciate a final answer.  Can I install my newly-purchased Win7 Pro 64-bit OEM System Builder version on a brand-new (clean) machine without the OPK, OR NOT???<br> </div>Yes!<br><br>I've installed 2 W7 Pro 64-bit OEM at home without the OPK. Installed without a glitch and running great so far.]]></description>
<guid isPermaLink="true">http://www.dslreports.com/forum/Re-Windows-7-OEM-for-System-Builders-23693546</guid>
<pubDate>Sun, 24 Jan 2010 04:35:10 EDT</pubDate>
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<title>Re: Windows 7 OEM for System Builders</title>
<link>http://www.dslreports.com/forum/Re-Windows-7-OEM-for-System-Builders-23693276</link>
<description><![CDATA[Kiwi posted : Reasonable, eh! OEM works!]]></description>
<guid isPermaLink="true">http://www.dslreports.com/forum/Re-Windows-7-OEM-for-System-Builders-23693276</guid>
<pubDate>Sun, 24 Jan 2010 01:08:41 EDT</pubDate>
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<title>Re: Windows 7 OEM for System Builders</title>
<link>http://www.dslreports.com/forum/Re-Windows-7-OEM-for-System-Builders-23692413</link>
<description><![CDATA[Poolside posted : Yes.]]></description>
<guid isPermaLink="true">http://www.dslreports.com/forum/Re-Windows-7-OEM-for-System-Builders-23692413</guid>
<pubDate>Sat, 23 Jan 2010 20:17:10 EDT</pubDate>
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<title>Re: Windows 7 OEM for System Builders</title>
<link>http://www.dslreports.com/forum/Re-Windows-7-OEM-for-System-Builders-23692409</link>
<description><![CDATA[Freddy posted : Airwolf7,<br><br>I like the way your logic works.  I'm feeling better now that I've built my 2nd Win7 system using OEM version.<br><br>Freddy]]></description>
<guid isPermaLink="true">http://www.dslreports.com/forum/Re-Windows-7-OEM-for-System-Builders-23692409</guid>
<pubDate>Sat, 23 Jan 2010 20:16:26 EDT</pubDate>
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<title>Re: Windows 7 OEM for System Builders</title>
<link>http://www.dslreports.com/forum/Re-Windows-7-OEM-for-System-Builders-23692353</link>
<description><![CDATA[Airwolf7 posted : <div class="bquote"><small>said by <a href="/profile/1241545" onClick="this.blur(); return popup(event,'/uidpop?ajh=1&uid=1241545');">prizmeye</a>:</small><br><br>Can I install my newly-purchased Win7 Pro 64-bit OEM System Builder version on a brand-new (clean) machine without the OPK?<br> </div>Yes.]]></description>
<guid isPermaLink="true">http://www.dslreports.com/forum/Re-Windows-7-OEM-for-System-Builders-23692353</guid>
<pubDate>Sat, 23 Jan 2010 19:58:00 EDT</pubDate>
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<title>Re: Windows 7 OEM for System Builders</title>
<link>http://www.dslreports.com/forum/Re-Windows-7-OEM-for-System-Builders-23692327</link>
<description><![CDATA[joako posted : <div class="bquote"><small>said by <a href="/profile/445404" onClick="this.blur(); return popup(event,'/uidpop?ajh=1&uid=445404');">Martinus</a>:</small><br><br>Thanks, guys.<br><br>The catch with OPK is that you need to install it in a PC with Windows 7 so, if all you got are OEM System Builder versions, you can't install it.<br><br> Freddy <A HREF="/useremail/u/1205427"><IMG SRC="http://i.dslr.net/bb/profile.gif" ALT="See Profile" BORDER=0 WIDTH=16 HEIGHT=11></A>, Yes. That's what I do: family members and selected friends. <br><br> seagreen <A HREF="/useremail/u/390171"><IMG SRC="http://i.dslr.net/bb/profile.gif" ALT="See Profile" BORDER=0 WIDTH=16 HEIGHT=11></A>. Thanks for the link. Very informative.<br><br>But there's something a bit strange here. According to <A HREF="http://blogs.zdnet.com/Bott/?p=1514&page=2&tag=col1;post-1514">the Ed Bott article</a>, "...nor can the motherboard be upgraded.".<br>Now, let's say you are a small system builder and have a little business going. You sell a box to a customer with the OEM license. Fine. The customer's mobo and CPU get fried - has happened to me - and you take the box for mobo and CPU replacement. Do you tell your customer that he/she, not only has to pay for the replaced parts but also for a new OS license?<br> </div>No they do not have to buy a new license. Nowhere in the Windows 7 OEM EULA does it mention anything close to motherboards, system boards or even anything about PC components. It only states that the license can not be transfered to another PC. If a PC breaks it can be fixed without buying a new copy of Windows. This also applies e.g you buy an major OEM system and the motherboard dies. The system is out of warranty and a replacment costs $200 (yes I have one example here.. Acer Aspire desktop). Some people suggest if you buy a motherboard that is not an exact replacement you need to buy a new copy of Windows because your OEM copy is no longer valid. Microsoft has some FAQs and articles which are not the EULA that also state or imply this. But if you go back to the EULA these claims are 100% bogus.<br><br><div class="bquote"><small>said by <a href="/profile/1205427" onClick="this.blur(); return popup(event,'/uidpop?ajh=1&uid=1205427');">Freddy</a>:</small><br><br>Martinus,<br><br>Yeah, after reading seagreen's reference, I agree with you in that OPK has to be used with OEM versions.  I didn't use it because I didn't notice that catch before.<br><br>Freddy<br> </div>To hell with their "requirements" if it is for personal use. I understand why the requirement is there and it is because Microsoft wants the end user to have the full OOBE and I suppose mainly so they can accept the license agreement.<br><br> Martinus <A HREF="/useremail/u/445404"><IMG SRC="http://i.dslr.net/bb/profile.gif" ALT="See Profile" BORDER=0 WIDTH=16 HEIGHT=11></A>, to answer you question. If you purchase Windows 7 OEM there is no technical reason why you need to use the OPK. The Windows install disc will work just fine. If the end user purchases a computer from a small system builder they would have been given the Windows DVD without the OPK... how do you think they reinstall Windows... without the OPK!<br><small>--<br>PRescott7-2097</small>]]></description>
<guid isPermaLink="true">http://www.dslreports.com/forum/Re-Windows-7-OEM-for-System-Builders-23692327</guid>
<pubDate>Sat, 23 Jan 2010 19:49:40 EDT</pubDate>
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<title>Re: Windows 7 OEM for System Builders</title>
<link>http://www.dslreports.com/forum/Re-Windows-7-OEM-for-System-Builders-23692315</link>
<description><![CDATA[Kiwi posted : There is a marginal difference, 'Retail' which I bought can be loaded on several PC's and has both the 32bit & 64bit disk. From what I understand the OEM is intended for one PC, the Retail will load up on several Rigs without a prompt for MS "Activation". Can't say I have had time to test this theory.<br><br>It seems that the MS rule regards multiple hardware loads might still be present, hence the retail buy, but unless somebody can show differently, the OEM will allow ten loads on different hardware installs before prompting a call to MS, seems doubtful you would get a hard time, loading more or different hardware, on one PC.<br><br>The old method looked at loads that differed on: The mobo, Hard drive, memory and video card and one of any was acceptable, even two; but not three.<br><br>For the most part, OEM works for the majority of people who won't make constant hardware changes, @ least that's my understanding. As I change out hardware on a constant bases, the retail works for me; I don't want to be bothered by MS. :)  It's enough I have helped MS for many years and no return, I would rather they just leave me alone now.]]></description>
<guid isPermaLink="true">http://www.dslreports.com/forum/Re-Windows-7-OEM-for-System-Builders-23692315</guid>
<pubDate>Sat, 23 Jan 2010 19:47:38 EDT</pubDate>
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<title>Re: Windows 7 OEM for System Builders</title>
<link>http://www.dslreports.com/forum/Re-Windows-7-OEM-for-System-Builders-23692200</link>
<description><![CDATA[prizmeye posted : To you all:<br><br>I would appreciate a final answer.  Can I install my newly-purchased Win7 Pro 64-bit OEM System Builder version on a brand-new (clean) machine without the OPK, OR NOT???  I do not have access to a Win7/WinVista/or Win2003 computer (as MS says is required).  Hence, I'm out of luck and cannot install it if the OPK is *absolutely* required.  Will this work, or not?<br><br>Thanks.]]></description>
<guid isPermaLink="true">http://www.dslreports.com/forum/Re-Windows-7-OEM-for-System-Builders-23692200</guid>
<pubDate>Sat, 23 Jan 2010 19:15:07 EDT</pubDate>
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<title>Re: Windows 7 OEM for System Builders</title>
<link>http://www.dslreports.com/forum/Re-Windows-7-OEM-for-System-Builders-23295608</link>
<description><![CDATA[Freddy posted : Martinus,<br><br>Yeah, after reading seagreen's reference, I agree with you in that OPK has to be used with OEM versions.  I didn't use it because I didn't notice that catch before.<br><br>Freddy]]></description>
<guid isPermaLink="true">http://www.dslreports.com/forum/Re-Windows-7-OEM-for-System-Builders-23295608</guid>
<pubDate>Thu, 05 Nov 2009 10:38:52 EDT</pubDate>
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<title>Re: Windows 7 OEM for System Builders</title>
<link>http://www.dslreports.com/forum/Re-Windows-7-OEM-for-System-Builders-23295546</link>
<description><![CDATA[Martinus posted : Thanks, guys.<br><br>The catch with OPK is that you need to install it in a PC with Windows 7 so, if all you got are OEM System Builder versions, you can't install it.<br><br> Freddy <A HREF="/useremail/u/1205427"><IMG SRC="http://i.dslr.net/bb/profile.gif" ALT="See Profile" BORDER=0 WIDTH=16 HEIGHT=11></A>, Yes. That's what I do: family members and selected friends. <br><br> seagreen <A HREF="/useremail/u/390171"><IMG SRC="http://i.dslr.net/bb/profile.gif" ALT="See Profile" BORDER=0 WIDTH=16 HEIGHT=11></A>. Thanks for the link. Very informative.<br><br>But there's something a bit strange here. According to <A HREF="http://blogs.zdnet.com/Bott/?p=1514&page=2&tag=col1;post-1514">the Ed Bott article</a>, "...nor can the motherboard be upgraded.".<br>Now, let's say you are a small system builder and have a little business going. You sell a box to a customer with the OEM license. Fine. The customer's mobo and CPU get fried - has happened to me - and you take the box for mobo and CPU replacement. Do you tell your customer that he/she, not only has to pay for the replaced parts but also for a new OS license?]]></description>
<guid isPermaLink="true">http://www.dslreports.com/forum/Re-Windows-7-OEM-for-System-Builders-23295546</guid>
<pubDate>Thu, 05 Nov 2009 10:29:46 EDT</pubDate>
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<title>Re: Windows 7 OEM for System Builders</title>
<link>http://www.dslreports.com/forum/Re-Windows-7-OEM-for-System-Builders-23295359</link>
<description><![CDATA[seagreen posted : The links here explain it all better:  &raquo;<A HREF="/forum/r23293047-Info-All-you-wanted-to-know-or-didnt-about-Win7-licensing">[Info] All you wanted to know (or didn't) about Win7 licensing</A>]]></description>
<guid isPermaLink="true">http://www.dslreports.com/forum/Re-Windows-7-OEM-for-System-Builders-23295359</guid>
<pubDate>Thu, 05 Nov 2009 09:53:58 EDT</pubDate>
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<title>Re: Windows 7 OEM for System Builders</title>
<link>http://www.dslreports.com/forum/Re-Windows-7-OEM-for-System-Builders-23295297</link>
<description><![CDATA[Freddy posted : Martinus,<br><br>I too use OEM versions to build new systems for friends and family members.  My understanding is that you don't have to use OPK to install OEM version.  You may use it however to streamline the OS installation process, customize Help and Support and create recovery, etc.<br><br>I just finished building an OEM Win7 system for my brother without using OPK.  It activated and is working with no problems.<br><br>That's the way it works for me.<br><br>Freddy]]></description>
<guid isPermaLink="true">http://www.dslreports.com/forum/Re-Windows-7-OEM-for-System-Builders-23295297</guid>
<pubDate>Thu, 05 Nov 2009 09:43:58 EDT</pubDate>
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<title>Re: Windows 7 OEM for System Builders</title>
<link>http://www.dslreports.com/forum/Re-Windows-7-OEM-for-System-Builders-23295273</link>
<description><![CDATA[seagreen posted : <div class="bquote"><small>said by <a href="/profile/445404" onClick="this.blur(); return popup(event,'/uidpop?ajh=1&uid=445404');">Martinus</a>:</small><br><br>it states: "...it must be preinstalled on the hard drive of the fully assembled computer system using the OEM Preinstallation Kit (OPK)"<br><br>My question is: has anybody installed W7 OEM for System Builders? Can it be installed without the OPK? It looks like an extra hassle to me as I do not need embedding a company logo, etc.<br></div>I installed the OEM ver. of Win7U on a newly rebuilt (home-built) machine.  I didn't see the OPK requirement until after W7 was all installed and running.<br><br>So, yes, it can be installed without OPK.  The activation went through with no glitches.  I assume the OPK was more likely aimed at volume builders rather than the home builder but according to the wording it looks like what I did was illegal.   :uhh:<br><br>I can't answer the question about what will happen should you need to change hardware.  I would suppose that <i>some</i> changes would be allowed but may require a phone call to activate an OEM copy a second time.]]></description>
<guid isPermaLink="true">http://www.dslreports.com/forum/Re-Windows-7-OEM-for-System-Builders-23295273</guid>
<pubDate>Thu, 05 Nov 2009 09:40:05 EDT</pubDate>
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<title>Windows 7 OEM for System Builders</title>
<link>http://www.dslreports.com/forum/Windows-7-OEM-for-System-Builders-23295109</link>
<description><![CDATA[Martinus posted : Edit: This was originally posted in &raquo;<A HREF="/forum/hwreviews">PC Hardware Discussion/Reviews</A><br><br>I know this question is not about hardware in the strict sense but there are probably more system builders in this forum than in the Software or the Microsoft forums. But mod, feel free to move this post if you see fit.<br><br>I have always built my own boxes - the 4 at home, plus two for my daughters plus two for their boyfriends, etc. And I've always used OEM OS - who needs support from Microsoft anyway? The last being XP - I never wanted to install Vista and was waiting for W7.<br><br>My approach has always been to take an image of a fresh installation after activation but before installing any software or extra drivers. That way, I can always go back to an activated and clean OS.<br><br>But, sometimes, things happen. I've had a PSU die on me taking with it the mobo and the CPU. Other times, I've upgraded HDs or/and RAM etc, requiring sometimes a reactivation of the OS. Of all these times, only twice I've had to call Microsoft, being the last activation not too far in time. And, after explaining to them that I had to replace the mobo, CPU and RAM, they've always provided me with a new activation code without problems.<br><br>Now, I've just bought two <A HREF="http://www.newegg.com/Product/Product.aspx?Item=N82E16832116758">W7 OEM 64bit for System Builders</a> - I'll be building two new boxes soon. In the package, it states: "...it must be preinstalled on the hard drive of the fully assembled computer system using the OEM Preinstallation Kit (OPK)"<br><br>This is new to me. XP OEM versions allowed to be installed without this requirement.<br><br>My question is: has anybody installed W7 OEM for System Builders? Can it be installed without the OPK? It looks like an extra hassle to me as I do not need embedding a company logo, etc.<br><br>What about replacing the mobo / CPU / Ram, etc? Is W7 OEM licensed different than XP OEM?<br><br>Many thanks<br>Martinus]]></description>
<guid isPermaLink="true">http://www.dslreports.com/forum/Windows-7-OEM-for-System-Builders-23295109</guid>
<pubDate>Thu, 05 Nov 2009 08:58:00 EDT</pubDate>
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