Legal to use OEM UPGRADE disk on another manufacture pc

[gregrocker]

The mailed Upgrade kits appear to contain a clean copy of Win7 with key, along with an apps/drivers disk. MS has apparently dictated that these must be separate so that users have the option to clean install just the OS without any bloat.

However, judging by several kits we have received here, the keys will only work on the machine they are shipped for. We received one kit a week ago and tried to use it on another exact same Acer model but it would not take the key, while it installed from boot on the intended machine and activated exactly like a normal upgrade.

Acer Tech support told us their fulfiller scans the Upgrade Kit's OEM key sticker into the S/N account of the machine which then locks it to the Vista OEM license on mobo.

It would be interesting to have a thread here for others who are now receiving these Upgrade Kits promoted by MS to manufacturers to keep them selling Vista computers up to Win7 release. This turned out to be a very good idea for buyers since they now can clean install Win7 without the bloatware that is on new Win7 machines.

 

[Barman58]

Personally I would, in this case, contact the original manufacturer's Customer Service Department, and relay the full facts of the case as you have done here.

As this incident was caused basically due to their faulty equipment and you were given these instructions by their agent, (the retailer), I'm certain they will appreciate being made aware of this.

Your actions even to the point of querying the validity of this disk here has been beyond reproach, and I salute you for this, I'd like to think that the manufacturer would do the same.

Whether you receive no thanks, a thank you, or even some other compensation will depend on the actual manufacturer, but I would not be surprised, If some sort of compensation was offered.

 

[blankojames]

So, i guess from what im hearing, this is not a MS issue but a OEM issue?

I email MS Tech support and they seem uncared about it and said if i was having OS problems to contact the OEM. they never said it would be in violation of the ELUA

 

[Barman58]

The whole issue with support of OEM products by Microsoft is a long running battle - Microsoft supplies the OEM's with the software at a reduced with the express condition that all support responsibility passes to the actual OEM. his of course excludes the automated support available from on-line help and windows update which works exactly the same as a retail package

Quite often in real cases the OEM will still expect Microsoft to perform this support role for them - and the only person that really suffers is the end user

If you contact Microsoft with any issue that relates to an OEM product their staff are under strict instructions to give the answer you received.

The only exception to this that I have seen is when someone contacts Microsoft with information about organised counterfeit operations where OEM's breech the terms of their agreement with Microsoft.

In your actual case I would see that the only party that is to blame for the confusion here is actually the retailer - who's representative gave you bad advice, You are blameless in this as I think are the OEM and Microsoft

 

[Drachenstein]

if it did would it be legal?

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.

For Germany (and due to the harmonizations I guess for all EC countries) the opposite is true.

The "bunding" of software is legally not acceptable. So from the legal point of view software can be used independant from any hardware.

See for details here: http://www.sevenforums.com/installa...-retail-oem-osb-sb-versions-3.html#post404351

regards,

Wolfgang

 

[blankojames]

aren't those lows country specific?

 

[fishnbanjo]

I purchased an OEM upgrade of W7 Professional 32 bit from someone who was not going to upgrade their Vista Professional 32 bit and did a fresh installation on my laptop and it went very well loading and launched in 35 minutes.

 

[blankojames]

is it the same brand computer?

 

[Drachenstein]

aren't those lows country specific?

As i said: For Germany (and due to the harmonizations I guess for all EC countries) this law applies.

 

[blankojames]

Just called computer manufacture and asked them about the OEM upgrade disk and told them what the retailer said. They seem to have no problem with retailer saying that. But they said the OEM upgrade shipping department is on holiday so they would have to decide if they wanted it back or not. But then they told me that it was not illegal to install on another brand computer. Its just that it was only tested for the computer for which is was sent. But that it would work.

 

[blankojames]

Since they said it was legal should i or shouldnt i upgrade my vista seeing how they might want the disk back. but yet its not illegal if i do it "confused":shock: Then why might they want it back if i did?

 

[mushroomboy]

Basically you bought an OEM upgrade (the original computer didn't come with it so you payed XX for an upgrade) so you can upgrade on any other computer you own that isn't Win7. Because you PAYED for an upgrade you get one, that's what they are saying at least that's what I'm getting out of this.

 

[gregrocker]

Basically you bought an OEM upgrade (the original computer didn't come with it so you payed XX for an upgrade) so you can upgrade on any other computer you own that isn't Win7. Because you PAYED for an upgrade you get one, that's what they are saying at least that's what I'm getting out of this.

It is tricky and you need to re-read the OP because he apparently DID NOT buy an Upgrade.

He bought a computer that offered a free Upgrade to Windows 7 which he then ordered on the internet from the manufacturer.

Before it arrived in the mail he returned the computer. The salesmen incorrectly told him he could keep the Upgrade and use it on any machine, something which no salesman would have been sure about then since the Upgrade Kits had not shipped yet.

It is now clear from that these manufacturers' Upgrade Kits that they can only be used on the machine they were intended to Upgrade, are locked to the Vista and mobo. I am clean installing (from boot) a number of these manufacturer's Upgrade Kits now so am familar with the process.

blankojames: It would be helpful to all of us if you would clarify if you ordered a manufacturer's free Upgrade Kit on the internet, for a machine you purchased that you later returned. I believe you were misinformed by the salesman, although Barman's advice to appeal to manufacturer (and maybe store manager) is certainly worth a try.

 

[kegobeer]

Greg - the OP contacted the manufacturer and was told the OEM department would, upon their return from holiday, decide if the upgrade must be returned.

 

[blankojames]

blankojames: It would be helpful to all of us if you would clarify if you ordered a manufacturer's free Upgrade Kit on the internet, for a machine you purchased that you later returned. I believe you were misinformed by the salesman, although Barman's advice to appeal to manufacturer (and maybe store manager) is certainly worth a try.[/COLOR]

I thought i did many times through this forum say "upgrade program" "did not pay" and so forth. Also. the OEM said that it WOULD work on another brand computer but that they only tested it on their brand. :sarc:

 

[fishnbanjo]

is it the same brand computer?

It was for a DELL and I have a DELL that I put it on but since it was XP Pro SP3 it was not upgradable so it was a clean install.

 

[gregrocker]

blankojames: It would be helpful to all of us if you would clarify if you ordered a manufacturer's free Upgrade Kit on the internet, for a machine you purchased that you later returned. I believe you were misinformed by the salesman, although Barman's advice to appeal to manufacturer (and maybe store manager) is certainly worth a try.[/COLOR]

I thought i did many times through this forum say "upgrade program" "did not pay" and so forth. Also. the OEM said that it WOULD work on another brand computer but that they only tested it on their brand. :sarc:

Thanks for clarifying that for those who were still assuming you had paid for it. It is important to be clear here since this thread is the top result for Google searches on whether you can use manufacturer's OEM Upgrade Kit on another computer.

I think I understand what the Manufacturer was saying to you: The clean-copy of Win7 Upgrade disk can indeed be used to install on another computer just as any WIn7 installer can.

However, it will not accept the key and activate for any other than the machine which has that OEM license. It will give you either 3 or 30 days to activate on the Computer>Properties activation link and then become inoperable.

Did you end up buying a computer of the same brand? If so, let's hope tech support will let you use yours or provide you a replacement key, which you can still order anyway until January from most manufacturers.

 

[gregrocker]

I purchased an OEM upgrade of W7 Professional 32 bit from someone who was not going to upgrade their Vista Professional 32 bit and did a fresh installation on my laptop and it went very well loading and launched in 35 minutes.

You must be referring to a builder's OEM upgrade which is a retail copy of Win7 on sale to the public, and which is permanently locked to the mobo (although MS makes some exceptions).

THis is a different version than the manufacturer's bulk OEM which is forever tied to the mobo of the computer the manufacturer installs it on.

 

[Frostmourne]

Isn't any OEM tied to the mobo you install it on? If I decide to build a new i5 system I'll be getting an OEM x64 version of 7 Ultimate - one that isn't tied to any manufacturer.

 

[gregrocker]

Isn't any OEM tied to the mobo you install it on? If I decide to build a new i5 system I'll be getting an OEM x64 version of 7 Ultimate - one that isn't tied to any manufacturer.

I have always thought that retail OEM are also tied to the hardware without exception.

However, this was the subject of a lively exchange here yesterday, with this key excerpt from a reliable expert:

Both of the cases I described were not typical, in fact in both cases were some 'mitigating circumstances' and after choosing 'Activation by phone' option both times I had maybe some luck to get a very nice person to answer my calls.

First case, Vista OEM: My wife had been using XP on her laptop. Last Christmas she got a Vista Ultimate OEM as a present from me. Early January I installed it to her computer, making the mistake to activate it straight after installation. She tried it two days and didn't like it. Factory recovery, XP back. A bit later, maybe a week or so, I decided to use this OEM and install Vista to an extra desktop we had lying around and put that machine to our guest room. I called MS, told them why I wanted to install it to another computer and reactivate. The person I was talking with laughed a bit after hearing the reason was my wife didn't like Vista, and gave me a new activation key.

Second situation was now earlier this month. My neighbor lost his laptops charger and bought a universal one. Bad deal, as we know now, that laptop is no longer among us, it's gone to computer heaven. It really burned, never seen something like that. Anyway, I had installed Seven Ultimate OEM to his laptop 3-4 days after launch, about week and a half before this accident happened.

He went to Media Markt and bought a new laptop, which came with Seven Home Premium. About two weeks ago, the day he got it, we installed his Seven Ultimate OEM to this new laptop and called MS because the same OEM key was already used in that dead laptop. Once again, absolutely no problems. A very friendly female voice gave us a new activation code.

I am not saying this is normal practise of Microsoft. I'm just saying the MS staff are humans, too and they clearly have authority and permission to use their judgement and decide if the reason they hear is valid.

Kari