Legal to use OEM UPGRADE disk on another manufacture pc

[blankojames]

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 win7 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

 

[kegobeer]

Did you pay for this upgrade disc, or was it provided for free from the computer manufacturer?

 

[poin2]

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.

 

[bigmck]

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.

 

[mushroomboy]

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.

 

[Barman58]

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.

 

[mushroomboy]

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

 

[blankojames]

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?

 

[kegobeer]

Did you buy this upgrade for the standard upgrade price, or were you provided this upgrade for free?

 

[Barman58]

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.

 

[blankojames]

so if i were to install this disk it would be illegal and i could get into trouble? It was given free..

I felt odd about when the retailer said sell it or use it. I asked "isnt it driver specific" He said not at all its a regular upgrade disk. I got the disk and on the front it does not say "ms windows 7 upgrade" It has "manufactures name windows 7 upgrade"

 

[Frostmourne]

If it has a manufacturer's name, its probably a modified version. Did it belong to the PC you returned?

 

[blankojames]

It was ordered through the upgrade program that was part of my pc. It was shipped by the OEM of the pc i took back. But i didn't get it untill a couple of days later then retailer when i took my computer in for exchange "which was to another brand" Said keep the above stated about the disk.

 

[Frostmourne]

Probably won't work. I would have asked for a standard OEM install disc - you can only clean install.

 

[kegobeer]

In order to use this free upgrade, you'd have to still own the computer that qualified for the free upgrade. You don't own it anymore, so you really aren't authorized to use this upgrade at all.

 

[blankojames]

if it did would it be legal?

 

[kegobeer]

if it did would it be legal?

This isn't a question of legality - this is all about the EULA, which is an agreement and not law. However, the overall answer is still no. The upgrade media was for the original computer, provided by that manufacturer. It's not for use with any other system, especially not one from a different manufacturer.

The store you bought the computer from (let's just say it's Best Buy) is not authorized to tell you how to use software provided from Dell, HP, or any manufacturer. They gave you some bad advice. If you were to call Dell, HP, or whomever made the original computer, I'd guess they would not say "sure, keep this upgrade for free".

 

[Frostmourne]

Most likely not - it was for an pc which you don't own any more.

 

[blankojames]

Ok thanks. So i should probably mail back?

 

[kegobeer]

Ok thanks. So i should probably mail back?

Yes, that would be the best thing to do, IMHO. Call Dell/HP/whomever and get a return address.