I thought I understood Windows licensing, but this has me a bit stuck

Having re-read that I think I can put it more simply:

I have TWO OEM OSes tied to one machine.
I want to use the older one to upgrade to a full Win 7 Professional.
Upgraded OSes are fully transferable to new hardware, and I want to do that.
Can I skip all that and just consider the OEM version (no longer used) from one machine as replaced by the upgrade version on the other?

OEM's are tied to the motherboard, so if you change the motherboard they no longer will activate (unless you are granted an exception during MS Phone activation) nor do they qualify for using Upgrade version on the newer mobo.

If you have any other retail XP or Vista, you qualify to use the Upgrade version on the new mobo, or if MS grants an exception to activate the old OEM license on the new mobo, it would then logically qualify for using Upgrade version.

Any other questions?

But according to everything I have read, an upgrade version of Win7 is transferable to a new motherboard. It doesn't say "except when based on an OEM version" anywhere.

I can use an XP license, that's not a big problem. Lot's of licenses around here. It's just that this particular license isn't being used, and is not likely to be used again.

From the Win 7 EULA
License Terms

15. UPGRADES. To use upgrade software, you must first be licensed for the software that is eligible for the upgrade. Upon upgrade, this agreement takes the place of the agreement for the software you upgraded from. After you upgrade, you may no longer use the software you upgraded from.

(my bold :) )


Seems to me that I am at least allowed to re-install vista on the hardware and then upgrade it, then wipe the drive and install it again on the new hardware.

Upgrade is indeed able to migrate as often as you wish for life.

However there must be a qualifying XP/Vista for each machine being Upgraded and if that were the OEM tied to a motherboard you're replacing, it seems it would not qualify any longer unless granted the exception by MS to keep Win7 OEM on a changed mobo - which we hear they do sometimes for retail OEM. (Factory OEM is handled by manufacturer replacing with same mobo).

But since you have plenty of retail full copies of XP/Vista then you have no worries, as under the EULA they qualify you on any machine as long as you don't use them again while they are serving as qualifying OS for Upgrade version.

Err...if I can just butt in. Proximon can you please explain in simple terms:

1) are you talking about a single computer or multiple computers?

2) do you have a dual boot setup with xp and win7 are did you upgrade/clean install from xp to win7?

3) Do you mean the vista was originally installed on this computer but is no longer installed?

Err, If I can butt in.

A upgrade version is GOOD on any hardware IF you have a qualifying previous version, and that includes OEM version, and that qualifying previous version is NOT being used on any other computer.
It doesn't matter if that previous version was installed on the hardware you are installing the upgrade on.
That is why you can move it from hardware to hardware.

Forget about new motherboards and the like.

If you had, NOT HAVE, a computer with a OEM version of almost any fairly current MS OS, I doubt Win 3.11 is accepted, and you take that PC out of service, it is no longer being used for anything, and BUILD a new rig you can legally use a upgrade version of 7 to install on that new RIG.

You are upgrading the OS and along with that the hardware.