Legal to use OEM UPGRADE disk on another manufacture pc

[blankojames]

Most likely what will happen is the OEM will resell this PC as refurbished, and will not (or should not) offer the upgrade license to the new purchaser. In terms of licensing and legality, MS places the onus squarely on the OEM.

OP, my suggestion to you is to get the OEM's advice in writing, as phone call conversations (even if recorded) are not admissable exceptions to licensing policy.

In terms of technical installation, Greg's advice might prove true. Furthermore, if you have any problems installing, you will be referred to OEM for technical support. In other words, if you try a different manufacturer's MOBO for the new install, it may be technically legal, but the origianl OEM will be responsible for tech support, and will likely be reluctant to provide that support.

So you are saying its illegal unless its in writing? Would email count or would it have to be a document? What could happen with out it and from whom could it come from since the OEM manger "not rep" said it was mine?

 

[Zepher]

The DVD is bootable and you boot from it to do a clean install, to upgrade you start the install from inside windows. doesn't look like any bloatware is on the disc and they give you a web address to go to after the install to get the apps and drivers for the laptop.

I am not sure how you choose 32bit or 64bit, or if it does it automatically based on your hardware, ie, 64bit capable CPU will install the the 64bit version.

 

[kronwhon]

Most likely what will happen is the OEM will resell this PC as refurbished, and will not (or should not) offer the upgrade license to the new purchaser. In terms of licensing and legality, MS places the onus squarely on the OEM.

OP, my suggestion to you is to get the OEM's advice in writing, as phone call conversations (even if recorded) are not admissable exceptions to licensing policy.

In terms of technical installation, Greg's advice might prove true. Furthermore, if you have any problems installing, you will be referred to OEM for technical support. In other words, if you try a different manufacturer's MOBO for the new install, it may be technically legal, but the origianl OEM will be responsible for tech support, and will likely be reluctant to provide that support.

So you are saying its illegal unless its in writing? Would email count or would it have to be a document? What could happen with out it and from whom could it come from since the OEM manger "not rep" said it was mine?

It's not necessarily illegal, as it is up to the manufacturer, but what is your proof of license? Especially since your disk has the manufacturer's name on it, and doesn't match your current computer. The suggestion to get it in writing is just a CYOA.

As for what might happen, all I can say is that the danger is much higher if you are using the comp for business purposes.

 

[blankojames]

"little confused" What could i be in danger of? And why would it be worse if i use the computer for business? This is so complicated..

 

[gregrocker]

Did your WIndows 7 even activate?

Right click Computer>Properties and scroll down to see.

It will either activate or not. That solves the issue.

 

[kronwhon]

Greg, activation does not necessarily make it legal. You are still required to provide proof of license if requested. (Just knowing how to start the car doesn't make it legal to drive, you still need a license. Same idea).

James, you are more at risk of being audited if in a business situation. If audited, you need to be able to show proof of license.

I am curious, did your product key come on an official MS License card? is it just a sticker on the CD sleeve? If it's a license card, what is the wording used?

 

[blankojames]

ok here goes.. It is that shinny green blue and pinkish sticker that was on the disk case that had the License key. When Asus told me it was mine to keep they said in their system it is registered under my name so it was legal for me to keep and install it onto another computer.. And in the mail in the package that the win7 upgrade disk came in i have a packing slip that says "Sold to" My address then "shipped to" My address then the item win7 home premium 64-bit (English) Unit price "FOC" sub total 0.00 shipping 20.00 total due .00

 

[kronwhon]

The sticker on the CD Case, does it say Acer on it?

 

[kronwhon]

Sorry, I meant Asus

 

[blankojames]

yea

 

[kronwhon]

That's not good dude. I am surprised this activated at all. Let me see if I can find some documentation about this. To be clear, the new computer is NOT an Asus. Your product key is on a hologram sticker marked Asus?

 

[blankojames]

Ok im not gonna get in trouble am i? even if asus told me to go ahead it is ok?

 

[kronwhon]

This seems very fishy, and I'm starting to lean to the side of saying this is not legal. Was there any type of license agreement that came with it? Or is it just the CD case and the packing slip?

 

[blankojames]

fishy how so? i havent d/l illegal copies or bought illegal keys or stolen disk. just wanted to know if it was legal to use one oem disk on a diff oem computer.. a disk that is registered in my name. and the oem said yes.and microsoft said ask the oem. so where is the fishy in that?

 

[kronwhon]

MS rules for system repair:

You cannot use your own OEM System Builder media to reinstall the operating system, or any other version of media (e.g., TechNet, MSDN, Action Pack, etc.), because these versions differ from the original OEM Windows license your customer acquired from the direct OEM.

In other words, an ASUS specific disc and product key are to be used only on ASUS machines.

Customers who had their systems repaired/installed with versions other than the intended manufacturer will fail WGA checks a few months later.

It sounds to me as though this is not an upgrade kit, but a full OEM package from ASUS. Your packing slip doesn't list anything about an upgrade, but the disc and package specifically say ASUS.

If your question to MS was worded differently: Asus gave me a free Windows 7 package complete with product key, but it says Asus on the disc. Can I use it on a different manufacturer computer? Leave the Windows 7 Upgrade Offer out of the conversation. You will likely get a different answer.

 

[blankojames]

disk is not full OEM package disk and packing slip both say win7 64bit upgrade disk. The packing slip calls it win7 upgrade product. And this is under the win7 upgrade offer. So no this is not a full OEM version of win7. Plus i did say almost exactly that to microsoft expect i said UPGRADE disk because that is whats all over it and the packing slip and my registration form. Told them every little detail just as i did here and just as i did to asus. Actually asus laughed at me because of it and said it is fine..