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Windows 7: Legal to use OEM UPGRADE disk on another manufacture pc


25 Nov 2009   #1

win7/vista both x64
 
 
Legal to use OEM UPGRADE disk on another manufacture pc

Bought a computer got home 2 days later ordered upgrade disk 1 week later system crashed took it back to the store they had it 2 weeks said they couldnt repair it told me to pick a new computer i told them i ordered the Windows 7 upgrade disk about amonth ago and i should be getting it soon and asked should i bring it in or mail it back they said sell it or use it its yours since you bought the computer even though you brought it back. Also they said it was a regular upgrade disk and would work on any computer. Is this legal or ilegal since its a diff computer? Thanks......

It was provided free through the upgrade program. The disk has the OEM name on the upgrade disk. The replacement was a another manufacture not the same as the one i took back

My System SpecsSystem Spec
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25 Nov 2009   #2

Windows 7 Ultimate x64 SP1
 
 

Did you pay for this upgrade disc, or was it provided for free from the computer manufacturer?
My System SpecsSystem Spec
26 Nov 2009   #3

Windows7
 
 

I'm not sure what the license says, if anything, when you get those free upgrade discs.

I do believe what each OEM sends out can vary a bit though -- it hasn't sounded like what they're doing is actually identical. It hasn't sounded like any have sent out discs identical to the normal retail upgrade discs, too.

In some cases you may have what's actually a generic OEM install. In others I believe it may be more of a true upgrade disc that's also been customized by the manufacturer, and may be more tied to their brand/equipment.
My System SpecsSystem Spec
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26 Nov 2009   #4

Windows 7 Home Premium 32-Bit - Build 7600 SP1
 
 

Quote   Quote: Originally Posted by poin2 View Post
I'm not sure what the license says, if anything,...........
I don't believe anyone knows what the license says. I purchased a Win 7 OEM disk from a reputable distributor. They have signs in their shop how they are a Gold Member of Microsoft. The OEM was sold with no questions asked and has written on the disk label "Licensed for distribution only with a new PC". I can't see any circumstance where a person would buy the full retail Win 7 for around $300 unless they just did not know better.
My System SpecsSystem Spec
26 Nov 2009   #5

Windows 7, Linux
 
 

Quote   Quote: Originally Posted by bigmck View Post
Quote   Quote: Originally Posted by poin2 View Post
I'm not sure what the license says, if anything,...........

I don't believe anyone knows what the license says.
I purchased a Win 7 OEM disk from a reputable distributor. They have signs in their shop how they are a Gold Member of Microsoft. The OEM was sold with no questions asked and has written on the disk label "Licensed for distribution only with a new PC". I can't see any circumstance where a person would buy the full retail Win 7 for around $300 unless they just did not know better.

LOLZ I like that!!! Yeah I just posted the thread because he said he had an upgrade disc, I don't know what the OEM or retail discs are like but whatever. He should be able to to at least install it on another computer. As far as keys and a genuine license? I'm not sure.
My System SpecsSystem Spec
26 Nov 2009   #6

Windows 7 Ultimate x64 x2 + x86 + Windows 8.1 x64 x2
 
 

If this is a regular retail upgrade disk which is legally yours, (as stated by the store representative, as compensation, in kind, for your troubles with the original computer), then in good faith I believe you should be entitled to install on any PC you wish.

If however this is anything other than a retail copy, I believe that the store had no rights to the disk other than for supply to upgrade the original hardware, which you no longer have - in this case I think you would be in breech of the EULA and in fact the system may not even install on the new hardware.
My System SpecsSystem Spec
26 Nov 2009   #7

Windows 7, Linux
 
 

But if he paid for an upgrade technically then the store should owe him an upgrade disc, regardless if they gave him an OEM or not. Though that's not MS's fault =( Oh this is why I hate support in most stores. it makes me so angry
My System SpecsSystem Spec
26 Nov 2009   #8

win7/vista both x64
 
 

I read the microsoft EULA and it said nothing about not installing a OEM upgrade to another OEM brand pc. It just states that what ever computer you install this upgrade to would become from that point on the license computer to run the software. So by that would it be ilegal from MS stand point? What about the OEM whom sent the disk stand point? Do they have laws in this area?
My System SpecsSystem Spec
26 Nov 2009   #9

Windows 7 Ultimate x64 SP1
 
 

Did you buy this upgrade for the standard upgrade price, or were you provided this upgrade for free?
My System SpecsSystem Spec
26 Nov 2009   #10

Windows 7 Ultimate x64 x2 + x86 + Windows 8.1 x64 x2
 
 

This is an extremely difficult one to call - If the disk is an OEM upgrade disk direct from Microsoft, then I would have to assume that the Microsoft EULA would apply

If however this OEM upgrade disk contains any customisations or additions specific to a particular manufactures hardware then It would form part of the supply of the original hardware, and should not be transferred to a system from another manufacturer.

In all this of course it is not the fault of the end user, our poster, but that of the retailer.

The instruction to "Sell it", the upgrade, would be especially problematic in the case of a manufacture customised upgrade disk, as this would probably be a breech of the terms that the retailer agrees with the OEM equipment manufacturer.
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 Legal to use OEM UPGRADE disk on another manufacture pc




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