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4 edits |  **Notice No OEM S/W Sales Please.
OEM software sales will not be permitted in this forum unless it is sold with computer system on which it was originally installed.
I found these sections of the attachment to be particularly interesting and specific.
1. What is a software license?
A software license grants a person (or company) a right to use software in a particular way. The terms of the license agreement describe the permitted uses of the software.
Copyright law also limits how a person may use the software (see question below). A person (or company) needs a license agreement for each Microsoft® software program used.
2. How does copyright law apply?
According to the US Copyright Act and worldwide copyright treaties, it is in principle illegal to copy, use or distribute copyrighted material (which includes computer
programs) without specific authorization from the copyright owner. The unauthorized duplication, use or distribution of computer software and software components constitutes copyright infringement, regardless of whether it is done for sale, for free distribution, or for personal use. Copyright infringers may be liable for damages, costs, and attorney fees. Copyright infringement can even be a criminal offense.
3. What is a EULA?
EULA stands for End user License Agreement. The EULA outlines the terms of the license for use of the software program. With respect to Microsoft System Builder software, the EULA is a license agreement between the PC Manufacturer and the end user. If the end user acquires retail software (Full-Package Product) the license agreement is between Microsoft and the end user.
4. What is a Certificate of Authenticity (“COA”)?
The Certificate of Authenticity assists you and your customers to determine whether the Microsoft software and components are genuine. The COA is included with each CD
Pack and authenticates only the software components with which it is legally distributed. Note: The COA is not the license. However, since the end user cannot be legally
licensed unless the software is genuine, the COA is used as part of the process to determine whether an end user has genuine software that is legally licensed.
7. What is the difference between OEM software and retail (FPP) software?
The key difference between OEM and retail software is the license. Most importantly, OEM software is licensed only for use on the computer system on which it was originally
installed, while retail software may be transferred to a different computer system. Another difference is the identity of the licensor. The OEM software EULA is a license
agreement between the PC Manufacturer and the end user; the retail software (Full-Package Product) license agreement is between Microsoft and the end user.
10. What do my customers need to show to establish that they have a legal license?
Your customers are only licensed if they were granted a legal license at the time the software was distributed to them. In order to be sure that end users can establish a
legal license, we strongly recommend they keep the following:
(i) All software and applicable software components (including media and manual),
(ii) COA,
(iii) EULA, and
(iv) The purchase receipt.
12. Can my customers transfer or sell their license?
OEM software licenses are transferable, provided the software is not separated from the computer system on which the software was originally installed. To transfer the software license, your customer must also transfer the software media, manuals (if applicable) and Certificate of Authenticity. It is also advisable to transfer the original purchase invoice or receipt. The software cannot be installed on any other computer system, and the original end user cannot keep any copies of the software.
16. Can an end user sell second-hand computer systems with the original Microsoft software or do they need to delete the software before selling?
It depends. The end user needs to find out which type of license has been issued for the Microsoft software on the computer system and check the provisions relating to transfer. Generally speaking, in the case of OEM software, the license is transferable, provided that the software is not separated from the computer system on which the software was originally installed. In addition, any transfer must include software media, manuals (if applicable) and Certificate of Authenticity. The software cannot be installed on any other computer system, and the original end user cannot keep any copies of the software.
If the license is not for OEM software, please refer to the EULA which should be obtained from the person who originally acquired the computer system.
I contacted Microsoft earlier today 2/25/04 at 1-800-642-7676 and verified that even though this document was printed 07/01/02 that the content is still valid.
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