D
David Candy
You home users shouldn't post here as you don't have a complete product.
You are using an out of date browser. It may not display this or other websites correctly.
You should upgrade or use an alternative browser.
You should upgrade or use an alternative browser.
D
David Candy
Let me see. Individuals won't pay what companies will pay. Problem for MS as they want both to buy it. They needed to sell at two different prices (companies won't pay more than anyone else though) so they made a crippled version for you and kept the full version at full price for companies. The products have an identical cost.
J
joust in jest
Please get your facts straight before giving advice. There are several
versions of OEM software:
(1.) Generic OEM is published by Microsoft and is targeted at "Mom & Pop"
computer builders -- you, too, may purchase this software when you buy
qualifying hardware (typically a motherboard). This OEM version will not
perform an upgrade from earlier versions of Windows; it must be installed on
a clean hard drive.
(2.) Branded OEM comes bundled with new computers from major computer
manufacturers (Dell, Gateway, e-Machines, Compaq, HP, etc). These OEM
versions are customized for the specific hardware on which it is installed.
Typically, during installation of branded OEM Operating System software, the
installation routine checks the system BIOS -- if the BIOS does not match
the BIOS that the OS was branded for, installation fails with an error
message along the lines of "the system board is not a COMPAQ".
Whether Generic or Branded, OEM software, once registered, is forever
wedded to the hardware to which it was installed.
steve
versions of OEM software:
(1.) Generic OEM is published by Microsoft and is targeted at "Mom & Pop"
computer builders -- you, too, may purchase this software when you buy
qualifying hardware (typically a motherboard). This OEM version will not
perform an upgrade from earlier versions of Windows; it must be installed on
a clean hard drive.
(2.) Branded OEM comes bundled with new computers from major computer
manufacturers (Dell, Gateway, e-Machines, Compaq, HP, etc). These OEM
versions are customized for the specific hardware on which it is installed.
Typically, during installation of branded OEM Operating System software, the
installation routine checks the system BIOS -- if the BIOS does not match
the BIOS that the OS was branded for, installation fails with an error
message along the lines of "the system board is not a COMPAQ".
Whether Generic or Branded, OEM software, once registered, is forever
wedded to the hardware to which it was installed.
steve
P
Papa
What I said is accurate.
J
Jupiter Jones [MVP]
What you said is NOT entirely accurate.
"...an OEM version - which, if you find one, would not only be
illegal..."
Are you sure?
There are more legal sources other than just with a computer.
You can buy OEM in many places quite legally simply with a piece of
hardware...almost anything will do.
Memory and hard drives are common but so are power cables.
And all legal even accepted by Microsoft.
"...an OEM version - which, if you find one, would not only be
illegal..."
Are you sure?
There are more legal sources other than just with a computer.
You can buy OEM in many places quite legally simply with a piece of
hardware...almost anything will do.
Memory and hard drives are common but so are power cables.
And all legal even accepted by Microsoft.
D
David Candy
That's not so. It must be a non peripheral hardware. Power cords are not acceptable.
1102 Part No. X09-33534
MICROSOFT OEM SYSTEM BUILDER LICENSE
(For OEM/System Builder resources, visit www.microsoft.com/oem)
1. AUTHORIZED DISTRIBUTION AND ACCEPTANCE
PLEASE READ THIS LICENSE CAREFULLY. DISTRIBUTION OF INDIVIDUAL SOFTWARE UNITS OR HARDWARE
CONTAINED IN THIS OEM SYSTEM BUILDER PACK IS NOT AUTHORIZED UNLESS YOU ACCEPT THIS LICENSE.
YOU ACCEPT THE LICENSE WHEN YOU OPEN THIS OEM SYSTEM BUILDER PACK! SOFTWARE UNITS OR
HARDWARE CANNOT BE RETURNED AFTER THIS OEM SYSTEM BUILDER PACK IS OPENED. BY ACCEPTING
THIS LICENSE YOU CERTIFY THAT YOU ARE A SYSTEM BUILDER.
2. PARTIES
This license is granted to you, as a System Builder, by Microsoft Licensing, Inc. ("MSLI"), a Nevada, U.S.A.
Corporation, unless you are located in Europe, Africa, or the Middle East (for a complete list of countries,
consult www.microsoft.com/oem/sblicense), in which case this license is granted by Microsoft Ireland
Operations, Ltd. ("MIOL"), an Irish company. The term "Microsoft" is used below to mean either MSLI or MIOL,
as appropriate. "System Builder" means an original equipment manufacturer, or an assembler, reassembler,
or installer of software on computer systems. If you do not elect to accept all the terms of this license, you
should promptly return the unopened OEM System Builder Pack to the distributor from whom you obtained it.
3. DISTRIBUTION LICENSE ONLY
This is a limited license to distribute the Software Units or hardware enclosed in this OEM System Builder
Pack, pursuant to Sections 4–6 below. Software Unit means any one of the individually packaged software
programs in this OEM System Builder Pack along with its associated components and documentation
(including, without limitation, media, manuals, Certificates of Authenticity (as described in Section 8), and,
when provided, hard-copy End-User License Agreements and security devices).
4. SOFTWARE DISTRIBUTION
4.1 If the enclosed Software Unit consists of a desktop operating system, Microsoft grants to you a
nonexclusive right to distribute each Software Unit, provided it is distributed accompanied with either a fully
assembled computer system or nonperipheral computer hardware component (that will be an integral part of
the computer system on which the Software Unit will be installed). A fully assembled computer system shall
consist of at least a central processing unit, a motherboard, a hard drive, a power supply, and a case.
4.2 If the enclosed Software Unit consists of application or server software, Microsoft grants to you a
nonexclusive right to distribute each Software Unit, provided it is distributed only with a fully assembled
computer system.
4.3 Each Software Unit must be distributed pursuant to the End-User License Agreement that accompanies
the Software Unit. Under the terms of the EULA you are the licensor.
5. HARDWARE DISTRIBUTION
If this OEM System Builder Pack contains hardware, you may only distribute such hardware with a fully
assembled computer system or other non-Microsoft computer hardware component. If you distribute the
hardware with a fully assembled computer system, you must preinstall the associated software drivers and
programs provided in this OEM System Builder Pack, if any, on the hard drive of the fully assembled computer
system. If this OEM System Builder Pack contains hardware, it has been or will be at the time of shipment
certified as a Class B computing device pursuant to the rules of the U.S.A. Federal Communications
Commission ("FCC Rules"). Except as expressly set forth in the preceding sentence, neither Microsoft, its
affiliates, nor its distributors or suppliers makes any warranty regarding compliance of such hardware with any
FCC Rules or any other federal, state, or local laws or regulations, or the laws or regulations of any non-U.S.
jurisdiction, relating to computing devices or items sold to the public. You have the sole responsibility to
assemble, test, and certify the hardware in conjunction with other equipment that you manufacture,
distribute, or sell.
6. SPECIAL REQUIREMENTS FOR DISTRIBUTION OTHER THAN WITH A FULLY ASSEMBLED COMPUTER SYSTEM
Microsoft grants to you a nonexclusive right to distribute the Software Units (desktop operating systems only)
or hardware in this OEM System Builder Pack to another System Builder, with a nonperipheral computer
hardware component (that will be integral to the computer system in which it will be installed), provided such
other System Builder accepts all the terms of this license. To facilitate acceptance, a digital copy of this
license is posted at www.microsoft.com/oem/sblicense. You are required to retain records to establish
compliance with this section.
7. PREINSTALLATION REQUIREMENT
If the Software Unit consists of a desktop operating system, and you distribute it with a fully assembled
computer system, you must preinstall the desktop operating system on the hard drive. Preinstallation is
limited to one copy of each software program, in each Software Unit, found in this OEM System Builder Pack.
Regardless of the type of Software Unit, if you preinstall the software on a fully assembled computer system,
you must use the preinstallation software or tools provided in this OEM System Builder Pack, if any. You may
not distribute, copy, or modify the separate OEM Preinstallation Kit CD ("OPK") or OPK instructions provided in
this OEM System Builder Pack, if any. For updates regarding OEM preinstallation tools and support, see
www.microsoft.com/oem.
8. PLACEMENT OF CERTIFICATE OF AUTHENTICITY (COA) LABEL
If the Software Unit consists of a desktop operating system or server software that includes an adhesive COA
label, the System Builder who installs the Software Unit must remove the COA label backing and adhere the
COA label to the exterior of the fully assembled computer system case in an easily accessible location.
9. END-USER SUPPORT
The System Builder who installs the software must provide end-user support on terms at least as favorable as
the terms under which the System Builder provides end-user support for any fully assembled computer
system. The System Builder providing the support must place its support phone number conspicuously in the
fully assembled computer system help files or end-user documentation materials.
10. DISCLAIMER OF ALL WARRANTIES
Microsoft, its affiliates, and their distributors (and their suppliers) disclaim all warranties and duties of any kind
whatsoever, whether express or implied, including, without limitation, those for defects in media or materials,
noninfringement, interference of enjoyment, title, fitness for a particular purpose, merchantability, workmanlike
effort, and/or lack of negligence.
11. LIMITATION OF LIABILITY
You agree that Microsoft, its affiliates, and their distributors (and their suppliers) will not be liable for any
damages under this license or any transaction contemplated herein, including for any consequential,
incidental, indirect, economic, or punitive damages even if Microsoft, its affiliates, distributors (or their
suppliers) have been advised of the possibility of such damages. You acknowledge that this limitation of
liability shall apply even if any remedies fail of their essential purpose.
12. TRADEMARK RIGHTS
You agree to comply with all trademark guidelines found at www.microsoft.com/trademarks.
13. EXPORT ONLY IN ACCORDANCE WITH LAWS OF U.S.A.
You acknowledge that the Software Units and hardware are subject to U.S. export jurisdiction. You agree to
comply with all applicable international and national laws that apply to the Software Units and hardware,
including the U.S. Export Administration Regulations, as well as end-user, end-use, and destination
restrictions issued by the U.S. and other governments. For additional information, see www.microsoft.com
/exporting.
14. ANTI-PIRACY AND COUNTERFEITING
IT IS AN INFRINGEMENT OF MICROSOFT INTELLECTUAL PROPERTY RIGHTS TO DISTRIBUTE, INSTALL, COPY,
MODIFY, OR DISPLAY MICROSOFT SOFTWARE OR HARDWARE EXCEPT AS AUTHORIZED BY MICROSOFT OR
ITS AFFILIATES. IT IS UNLAWFUL TO COUNTERFEIT OR DISTRIBUTE, COPY, OR USE COUNTERFEIT COPIES OF
ANY MICROSOFT SOFTWARE OR HARDWARE. You will not distribute, install, copy, modify, or display any
Microsoft software or hardware, or any component thereof, that has been, or which you suspect has been,
manufactured, assembled, and/or distributed in a manner not authorized by Microsoft or its affiliates.
15. MISCELLANEOUS
15.1 You may not advertise or price any Software Unit separately from its accompanying fully assembled
computer system or computer hardware. Except as granted in this license, you may not use, run, distribute,
copy, modify, display, repackage, or reassemble any Software Units or hardware, or any part of them.
15.2 Any Software Units provided to the U.S. Government pursuant to solicitations issued on or after
December 1, 1995, are provided with commercial license rights and restrictions described elsewhere herein.
All Software Units provided to the U.S. Government pursuant to solicitations issued prior to December 1,
1995 are provided with "Restricted Rights" as provided for in FAR, 48 C.F.R. 52.227-14 (June 1987) or DFAR,
48 C.F.R. 252.227-7013 (October 1988), as applicable. You are responsible for ensuring that all Software
Units are marked with the "Restricted Rights Notice" or "Restricted Rights Legend," as required. Manufacturer
is Microsoft Corporation, One Microsoft Way, Redmond, WA 98052-6399. All rights not expressly granted are
reserved.
15.3 You may not reverse engineer, decompile, or disassemble any Software Unit or hardware except as
permitted by applicable law without the possibility of contractual waiver.
15.4 In the event any provision is held to be unenforceable, the remaining provisions will remain in full force
and effect.
15.5 If the contracting party to this license is MSLI, the laws of the State of Washington, U.S.A. govern this
license. If the contracting party to this license is MIOL, the laws of Ireland govern this license.
15.6 Nothing in this license restricts you from supporting, promoting, distributing, or using non-Microsoft
software or hardware.
15.7 Microsoft may assign this license at any time to an affiliated company.
Black
1102 Part No. X09-33534
MICROSOFT OEM SYSTEM BUILDER LICENSE
(For OEM/System Builder resources, visit www.microsoft.com/oem)
1. AUTHORIZED DISTRIBUTION AND ACCEPTANCE
PLEASE READ THIS LICENSE CAREFULLY. DISTRIBUTION OF INDIVIDUAL SOFTWARE UNITS OR HARDWARE
CONTAINED IN THIS OEM SYSTEM BUILDER PACK IS NOT AUTHORIZED UNLESS YOU ACCEPT THIS LICENSE.
YOU ACCEPT THE LICENSE WHEN YOU OPEN THIS OEM SYSTEM BUILDER PACK! SOFTWARE UNITS OR
HARDWARE CANNOT BE RETURNED AFTER THIS OEM SYSTEM BUILDER PACK IS OPENED. BY ACCEPTING
THIS LICENSE YOU CERTIFY THAT YOU ARE A SYSTEM BUILDER.
2. PARTIES
This license is granted to you, as a System Builder, by Microsoft Licensing, Inc. ("MSLI"), a Nevada, U.S.A.
Corporation, unless you are located in Europe, Africa, or the Middle East (for a complete list of countries,
consult www.microsoft.com/oem/sblicense), in which case this license is granted by Microsoft Ireland
Operations, Ltd. ("MIOL"), an Irish company. The term "Microsoft" is used below to mean either MSLI or MIOL,
as appropriate. "System Builder" means an original equipment manufacturer, or an assembler, reassembler,
or installer of software on computer systems. If you do not elect to accept all the terms of this license, you
should promptly return the unopened OEM System Builder Pack to the distributor from whom you obtained it.
3. DISTRIBUTION LICENSE ONLY
This is a limited license to distribute the Software Units or hardware enclosed in this OEM System Builder
Pack, pursuant to Sections 4–6 below. Software Unit means any one of the individually packaged software
programs in this OEM System Builder Pack along with its associated components and documentation
(including, without limitation, media, manuals, Certificates of Authenticity (as described in Section 8), and,
when provided, hard-copy End-User License Agreements and security devices).
4. SOFTWARE DISTRIBUTION
4.1 If the enclosed Software Unit consists of a desktop operating system, Microsoft grants to you a
nonexclusive right to distribute each Software Unit, provided it is distributed accompanied with either a fully
assembled computer system or nonperipheral computer hardware component (that will be an integral part of
the computer system on which the Software Unit will be installed). A fully assembled computer system shall
consist of at least a central processing unit, a motherboard, a hard drive, a power supply, and a case.
4.2 If the enclosed Software Unit consists of application or server software, Microsoft grants to you a
nonexclusive right to distribute each Software Unit, provided it is distributed only with a fully assembled
computer system.
4.3 Each Software Unit must be distributed pursuant to the End-User License Agreement that accompanies
the Software Unit. Under the terms of the EULA you are the licensor.
5. HARDWARE DISTRIBUTION
If this OEM System Builder Pack contains hardware, you may only distribute such hardware with a fully
assembled computer system or other non-Microsoft computer hardware component. If you distribute the
hardware with a fully assembled computer system, you must preinstall the associated software drivers and
programs provided in this OEM System Builder Pack, if any, on the hard drive of the fully assembled computer
system. If this OEM System Builder Pack contains hardware, it has been or will be at the time of shipment
certified as a Class B computing device pursuant to the rules of the U.S.A. Federal Communications
Commission ("FCC Rules"). Except as expressly set forth in the preceding sentence, neither Microsoft, its
affiliates, nor its distributors or suppliers makes any warranty regarding compliance of such hardware with any
FCC Rules or any other federal, state, or local laws or regulations, or the laws or regulations of any non-U.S.
jurisdiction, relating to computing devices or items sold to the public. You have the sole responsibility to
assemble, test, and certify the hardware in conjunction with other equipment that you manufacture,
distribute, or sell.
6. SPECIAL REQUIREMENTS FOR DISTRIBUTION OTHER THAN WITH A FULLY ASSEMBLED COMPUTER SYSTEM
Microsoft grants to you a nonexclusive right to distribute the Software Units (desktop operating systems only)
or hardware in this OEM System Builder Pack to another System Builder, with a nonperipheral computer
hardware component (that will be integral to the computer system in which it will be installed), provided such
other System Builder accepts all the terms of this license. To facilitate acceptance, a digital copy of this
license is posted at www.microsoft.com/oem/sblicense. You are required to retain records to establish
compliance with this section.
7. PREINSTALLATION REQUIREMENT
If the Software Unit consists of a desktop operating system, and you distribute it with a fully assembled
computer system, you must preinstall the desktop operating system on the hard drive. Preinstallation is
limited to one copy of each software program, in each Software Unit, found in this OEM System Builder Pack.
Regardless of the type of Software Unit, if you preinstall the software on a fully assembled computer system,
you must use the preinstallation software or tools provided in this OEM System Builder Pack, if any. You may
not distribute, copy, or modify the separate OEM Preinstallation Kit CD ("OPK") or OPK instructions provided in
this OEM System Builder Pack, if any. For updates regarding OEM preinstallation tools and support, see
www.microsoft.com/oem.
8. PLACEMENT OF CERTIFICATE OF AUTHENTICITY (COA) LABEL
If the Software Unit consists of a desktop operating system or server software that includes an adhesive COA
label, the System Builder who installs the Software Unit must remove the COA label backing and adhere the
COA label to the exterior of the fully assembled computer system case in an easily accessible location.
9. END-USER SUPPORT
The System Builder who installs the software must provide end-user support on terms at least as favorable as
the terms under which the System Builder provides end-user support for any fully assembled computer
system. The System Builder providing the support must place its support phone number conspicuously in the
fully assembled computer system help files or end-user documentation materials.
10. DISCLAIMER OF ALL WARRANTIES
Microsoft, its affiliates, and their distributors (and their suppliers) disclaim all warranties and duties of any kind
whatsoever, whether express or implied, including, without limitation, those for defects in media or materials,
noninfringement, interference of enjoyment, title, fitness for a particular purpose, merchantability, workmanlike
effort, and/or lack of negligence.
11. LIMITATION OF LIABILITY
You agree that Microsoft, its affiliates, and their distributors (and their suppliers) will not be liable for any
damages under this license or any transaction contemplated herein, including for any consequential,
incidental, indirect, economic, or punitive damages even if Microsoft, its affiliates, distributors (or their
suppliers) have been advised of the possibility of such damages. You acknowledge that this limitation of
liability shall apply even if any remedies fail of their essential purpose.
12. TRADEMARK RIGHTS
You agree to comply with all trademark guidelines found at www.microsoft.com/trademarks.
13. EXPORT ONLY IN ACCORDANCE WITH LAWS OF U.S.A.
You acknowledge that the Software Units and hardware are subject to U.S. export jurisdiction. You agree to
comply with all applicable international and national laws that apply to the Software Units and hardware,
including the U.S. Export Administration Regulations, as well as end-user, end-use, and destination
restrictions issued by the U.S. and other governments. For additional information, see www.microsoft.com
/exporting.
14. ANTI-PIRACY AND COUNTERFEITING
IT IS AN INFRINGEMENT OF MICROSOFT INTELLECTUAL PROPERTY RIGHTS TO DISTRIBUTE, INSTALL, COPY,
MODIFY, OR DISPLAY MICROSOFT SOFTWARE OR HARDWARE EXCEPT AS AUTHORIZED BY MICROSOFT OR
ITS AFFILIATES. IT IS UNLAWFUL TO COUNTERFEIT OR DISTRIBUTE, COPY, OR USE COUNTERFEIT COPIES OF
ANY MICROSOFT SOFTWARE OR HARDWARE. You will not distribute, install, copy, modify, or display any
Microsoft software or hardware, or any component thereof, that has been, or which you suspect has been,
manufactured, assembled, and/or distributed in a manner not authorized by Microsoft or its affiliates.
15. MISCELLANEOUS
15.1 You may not advertise or price any Software Unit separately from its accompanying fully assembled
computer system or computer hardware. Except as granted in this license, you may not use, run, distribute,
copy, modify, display, repackage, or reassemble any Software Units or hardware, or any part of them.
15.2 Any Software Units provided to the U.S. Government pursuant to solicitations issued on or after
December 1, 1995, are provided with commercial license rights and restrictions described elsewhere herein.
All Software Units provided to the U.S. Government pursuant to solicitations issued prior to December 1,
1995 are provided with "Restricted Rights" as provided for in FAR, 48 C.F.R. 52.227-14 (June 1987) or DFAR,
48 C.F.R. 252.227-7013 (October 1988), as applicable. You are responsible for ensuring that all Software
Units are marked with the "Restricted Rights Notice" or "Restricted Rights Legend," as required. Manufacturer
is Microsoft Corporation, One Microsoft Way, Redmond, WA 98052-6399. All rights not expressly granted are
reserved.
15.3 You may not reverse engineer, decompile, or disassemble any Software Unit or hardware except as
permitted by applicable law without the possibility of contractual waiver.
15.4 In the event any provision is held to be unenforceable, the remaining provisions will remain in full force
and effect.
15.5 If the contracting party to this license is MSLI, the laws of the State of Washington, U.S.A. govern this
license. If the contracting party to this license is MIOL, the laws of Ireland govern this license.
15.6 Nothing in this license restricts you from supporting, promoting, distributing, or using non-Microsoft
software or hardware.
15.7 Microsoft may assign this license at any time to an affiliated company.
Black
M
Mike
That's really going to bother the average home user.. as long as the games
run, they can type the odd letter out, send e-mail, and print the contents
of the digital camera to shiny paper, the majority of home users don't need
Pro anymore than you need to take another 'stupid' pill..
Type tasklist, you can't.
run, they can type the odd letter out, send e-mail, and print the contents
of the digital camera to shiny paper, the majority of home users don't need
Pro anymore than you need to take another 'stupid' pill..
Type tasklist, you can't.
P
Papa
Guess I was wrong. Does Microsoft actually market the OEM versions of
Windows XP that are NOT tied to a particular computer? If not, who does?
Thanks.
Windows XP that are NOT tied to a particular computer? If not, who does?
Thanks.
G
Gordon
as they want both to buy it. They needed to sell at two different pricesDavid Candy said:Let me see. Individuals won't pay what companies will pay. Problem for MS
(companies >won't pay more than anyone else though) so they made a crippled
version for you and kept the full version at full price for companies. The
products have an >identical cost.
Not for me matey, I've got pro. And I think you're talking out of your Ozzie
arse. God these colonial convicts.
J
Jupiter Jones [MVP]
Microsoft does, to System Builders and possibly others.
Often the local computer shop is a System Builder:
http://www.microsoft.com/oem/default.mspx
Often the local computer shop is a System Builder:
http://www.microsoft.com/oem/default.mspx
P
Papa
Thanks.
Jupiter Jones said:Microsoft does, to System Builders and possibly others.
Often the local computer shop is a System Builder:
http://www.microsoft.com/oem/default.mspx