Windows 7 Forums
Welcome to Windows 7 Forums. Our forum is dedicated to helping you find support and solutions for any problems regarding your Windows 7 PC be it Dell, HP, Acer, Asus or a custom build. We also provide an extensive Windows 7 tutorial section that covers a wide range of tips and tricks.


Windows 7: can I use windows oem?


27 Apr 2012   #1

Windows 7 64 bit Home Premium
 
 
can I use windows oem?

I am building a new computer and I neeed windows. Will it be legal to buy and install windows 7 home premium oem on my build?
I don't plan on changing motherboard once I build the rig
So could I use oem version of windows 7?
Thanks!

My System SpecsSystem Spec
.

27 Apr 2012   #2

Windows 7 64 bit Home Premium
 
 

Quote   Quote: Originally Posted by windude99 View Post
Quote   Quote: Originally Posted by irbullet View Post
I am building a new computer and I neeed windows. Will it be legal to buy and install windows 7 home premium oem on my build?
I don't plan on changing motherboard once I build the rig
So could I use oem version of windows 7?
Thanks!
Yes. You can. Here is a link to the 64 bit Home Premium on Amazon.com: Amazon.com: Windows 7 Home Premium SP1 64bit (Full) System Builder DVD 1 Pack: Software
Thanks man! Will it be fine with my rig?
http://www.sevenforums.com/hardware-...ild-parts.html
And will there be anything different then retail and a bunch of bloatware?
My System SpecsSystem Spec
28 Apr 2012   #3

Microsoft Community Contributor Award Recipient

Win 7 x64 Home Premium (and x86 VirtualBox VM)
 
 

Quote   Quote: Originally Posted by irbullet View Post
I am building a new computer and I neeed windows. Will it be legal to buy and install windows 7 home premium oem on my build?
I don't plan on changing motherboard once I build the rig
So could I use oem version of windows 7?
Thanks!
NO - you are NOT legally allowed (by the terms of the OEM System Builder License to which you agree on opening the package) to install an OEM License on a computer for your own use - it MUST be for sale to a third party.
OEM System Builder Licensing
and
Localized Licenses

The proper License is the Full Retail license.
My System SpecsSystem Spec
.


28 Apr 2012   #4

Microsoft Community Contributor Award Recipient

Win 7 x64 Home Premium (and x86 VirtualBox VM)
 
 

Anyone will sell you anything - it's up to YOU to read the restrictions in the license, and either accept or reject them.
You cannot blame others for your refusal to accept the contract that you enter into when you either
1) Open an OEM SystemBuilder pack

or
2) install Windows

By doing either, you are deemed in law to have accepted ALL the terms of the contract - not simply the ones that you like.

As far as I know, no-one has yet been prosecuted by MS for installing an OEM license on their own machine - but all that means is that MS hasn't enforced the terms, NOT that they are irrelevant, or can be ignored.

As a parallel - MS is currently suing a large UK company for selling 'Recovery disks' for machines that that company had originally sold. This suit is likely to take the company into liquidation (it's close already). It's the first time to my knowledge that MS has enforced that particular clause of their contract in the UK.
My System SpecsSystem Spec
28 Apr 2012   #5

WINDOWS 7 Ultimate x64 Full
 
 

The proper License is the Full Retail license.[/QUOTE]
Then why was I able to get one through Amazon And you can get it through Newegg. If Microsoft really cared, they would sell it through their own OEM channels only. The only thing Microsoft cares about, in terms of licensing, is piracy. As long as we aren't cracking Windows or "Hacktivating it" then we are ok.[/QUOTE]

Windude a few years ago I think your analogy would have been correct as Microsoft was really all over the place on who could use OEM software. Now Microsoft is taking steps to clarify this by insisting that sites that sell Windows OEM software make this disclaimer clear.



Licensing for Hobbyists


Page Overview Image



Page Overview
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
My System SpecsSystem Spec
28 Apr 2012   #6

Windows 7 Professional x64 Service Pack 1
 
 

Quote   Quote: Originally Posted by kellymac35 View Post
The proper License is the Full Retail license.
Then why was I able to get one through Amazon And you can get it through Newegg. If Microsoft really cared, they would sell it through their own OEM channels only. The only thing Microsoft cares about, in terms of licensing, is piracy. As long as we aren't cracking Windows or "Hacktivating it" then we are ok.[/QUOTE]

Windude a few years ago I think your analogy would have been correct as Microsoft was really all over the place on who could use OEM software. Now Microsoft is taking steps to clarify this by insisting that sites that sell Windows OEM software make this disclaimer clear.



Licensing for Hobbyists


Page Overview Image



Page Overview
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[/QUOTE]
I do NOT want to start an arguement, but look at the snip that I attached. It didn't say I HAVE to resell the computer, it said it was intended for resale:


Attached Thumbnails
can I use windows oem?-snipoemlicense.png  
My System SpecsSystem Spec
28 Apr 2012   #7

Microsoft Community Contributor Award Recipient

Win 7 x64 Home Premium (and x86 VirtualBox VM)
 
 

READ THE LICENSE - then make your own decision.
IANAL - but even I can see that you are reading what you want to read into the terms that YOU AGREED TO.

Here's the rellevant text -
Code:
5.   Distribution.
a.   Software Preinstallation. 
i.   For each unit of Software in the Pack, you must pre-install one copy of the Software on a Customer System prior to 
distribution. If the Software includes more than one language version, you must install only one language version. 
ii.   For such pre-installation, you must use the OPK provided in the Pack or otherwise made available by us. You may use the 
information, tools and materials contained in the OPK solely to preinstall the Software in accordance with the OPK. See www.
microsoft.com/oem/sblicense/OPK for additional information about the OPK. You may not distribute the OPK to the end user. 
iii.   See Original Equipment Manufacturer Preinstallation Kits for additional hardware requirements when pre-installing Microsoft Windows Starter 
Editions. 
iv.   This preinstallation requirement does not apply to server Software. Instead, server Software may be distributed inside the 
Customer System package.
b.   End User License Terms. You must distribute the Software pursuant to the end user license terms (“License Terms”) that 
accompany it. Under the License Terms, you are the licensor. 
c.   Hardware. You must distribute each Hardware unit with either a Customer System, or another non-Microsoft computer hardware 
component. If you distribute a Hardware unit with a Customer System, you must preinstall any associated Software drivers 
and programs provided to you in the Pack. Before you distribute the Hardware, you must test it to ensure that the Hardware 
functions properly with the Customer System. Microsoft makes no warranty or representation regarding the Hardware’s 
compliance with any federal, state or local laws or regulations relating to computing devices or products sold to the public. 
d.   Alternate versions. The Pack may include more than one platform version of the Software such as 32-bit or 64-bit. You may only 
preinstall one version but must distribute both versions to the end user.
(emphasis mine)
My System SpecsSystem Spec
28 Apr 2012   #8

Windows 7 Professional x64 Service Pack 1
 
 

Quote   Quote: Originally Posted by NoelDP View Post
READ THE LICENSE - then make your own decision.
IANAL - but even I can see that you are reading what you want to read into the terms that YOU AGREED TO.

Here's the rellevant text -
Code:
5.   Distribution.
a.   Software Preinstallation. 
i.   For each unit of Software in the Pack, you must pre-install one copy of the Software on a Customer System prior to 
distribution. If the Software includes more than one language version, you must install only one language version. 
ii.   For such pre-installation, you must use the OPK provided in the Pack or otherwise made available by us. You may use the 
information, tools and materials contained in the OPK solely to preinstall the Software in accordance with the OPK. See www.
microsoft.com/oem/sblicense/OPK for additional information about the OPK. You may not distribute the OPK to the end user. 
iii.   See Original Equipment Manufacturer Preinstallation Kits for additional hardware requirements when pre-installing Microsoft Windows Starter 
Editions. 
iv.   This preinstallation requirement does not apply to server Software. Instead, server Software may be distributed inside the 
Customer System package.
b.   End User License Terms. You must distribute the Software pursuant to the end user license terms (“License Terms”) that 
accompany it. Under the License Terms, you are the licensor. 
c.   Hardware. You must distribute each Hardware unit with either a Customer System, or another non-Microsoft computer hardware 
component. If you distribute a Hardware unit with a Customer System, you must preinstall any associated Software drivers 
and programs provided to you in the Pack. Before you distribute the Hardware, you must test it to ensure that the Hardware 
functions properly with the Customer System. Microsoft makes no warranty or representation regarding the Hardware’s 
compliance with any federal, state or local laws or regulations relating to computing devices or products sold to the public. 
d.   Alternate versions. The Pack may include more than one platform version of the Software such as 32-bit or 64-bit. You may only 
preinstall one version but must distribute both versions to the end user.
(emphasis mine)
Sorry. I am not reading what I want to read, I just couldn't find that in the system builder license terms. Do you all think I should downgrade the computer that has this oem copy to XP which I have a perfectly legal license for?
My System SpecsSystem Spec
28 Apr 2012   #9

WINDOWS 7 Ultimate x64 Full
 
 

No arguement my friend in fact I agreed with your first post having used OEM software on my own builds. The same question was being ask then I remember reading articals were some inside Microsoft said it was fine and others saying it was'nt. My original intent was to find something showing Noel was wrong however I ended up finding that Microsoft does not seem to be split on this anymore making it clear that retail software licenses are appropriate for the do it yourself market. I was suprised to see the big disclaimer at Newegg it was not there when I purchased my last OEM copy of windows 7. Kinda a bummer
My System SpecsSystem Spec
28 Apr 2012   #10

Microsoft Community Contributor Award Recipient

Windows 7 Ult. x64 Windows 8.1 x64
 
 

Quote   Quote: Originally Posted by windude99 View Post
It didn't say I HAVE to resell the computer, it said it was intended for resale:
Hi,

The snip you referenced doesn't say computer intented for resale. It says, "computer for resale" - thus, my interpretation is that the intention is that the software is pre-installed on the computer that will be sold.

Regards,
Golden
My System SpecsSystem Spec
Reply

 can I use windows oem?




Thread Tools



Our Sites

Site Links

About Us

Find Us

Windows 7 Forums is an independent web site and has not been authorized, sponsored, or otherwise approved by Microsoft Corporation. "Windows 7" and related materials are trademarks of Microsoft Corp.

© Designer Media Ltd

All times are GMT -5. The time now is 04:41 PM.
Twitter Facebook Google+



Windows 7 Forums

Seven Forums Android App Seven Forums IOS App
  

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33