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XP OEM Licence help


jonnytabpni
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Hey guys/gals,

I currently run a small IT business.

There is a customer who has messed up their XP on their PC, and they don't have a XP sticker (for the sake of argument, lets just presume it's illegial).

Am I allowed to install an OEM version of XP home on their pc??

I know OEM licence's are only for system builders,refurbishers etc... and I was wondering if this would be classed as system refurbishment even though i'm not seling them the computer (as they already own it!).

It also has to be "distributed" with a fully assembled computer system, it doesn't say sold. I'm just concerned weather or not giving a customer their computer back falls under this...

"We grant you the non-exclusive right to distribute an indivudal software licence with a fully assembled computer system"

"Distribution and Distrubute means the point in time when a fully assembled computer systemleaves the control of the system builder" - its doesn't say SOLD.

Also:

it defines system builder as: "An OEM,manufacturer,an assembler,refurbisher, or pre-installer of software on computer systems"

Cheers

Jonny

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sell him a mouse
lol WTF ?

am i the only one here who believes in honest buisness and disguisted by salesmen trying to sell the most expensive hardware (€2500+) to normal consumers that actually need no more then a low end machine (€500 to €800)

anyway as the guy said technically according to M$'s definition it would be ok , but as most on here said , i doubt this is what they mean  ...

and as said its not illegal seeing as you're jus supplying legal sofware (not a pirate copy) , but it probably does go against M$'s EULA ...

conclusion : if you'd call M$ they'll probably tell you you're not allowed to and need to sell them a full copy (disk) ,

but according to the above definition you'd be in the right,

and last but not least : as long as its a new & legitilate copy it is you're selling (oem or otherwise) it's not illegal , even tho it goes against M$'s wishes/rules/EULA/...

peace, DLSS

ps: to be honest i doubt they didn't have a oem version in the past seeing as easily 92% of all laptops sold contain a oem version of windows

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This is why I use the switchblade ;) I get the software keys and in the case of beakmyn we have it modified to backup the wpa file as well... so just reinstall windows using the same key and copy the wpa file back to system32 folder while in safe mode. POOF XP reactivated. Drivers would be circumstantial of course but hey... who said it would be no work at all.

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some here have got the wrong end of the stick but never mind :)

The new version of the EULA does NOT include the non-prephapal hardware item (as too many people were giving them away with, for example, a broken piece of RAM). They now state that it has to be a "fully assembled computer system".

Now, this customer's PC is a fully assembled system, and as per the terms above, I am distributing it to them (as it leaves my control) and I am a systme builder as I pre-installed it (or even refurbished it).

I know it seems as if I'm answering my own question here but could someone correct me if they feel i'm wrong. I'm just going by the words and definations in the EULA.

Also, the OEM I sell them comes with a new sticker,CD and manual. Infact, in this customer's situation, their kid had ripped of their orignal OEM sticker lol!!

Many Thanks

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well actually, i made the paperwork say "System Refurbishment" as apperently, a "system bulder" can be a "refurbisher".

Remember in the licence, it doesn't say that i have to "SELL" the computer. The computer doesn't even ned to be "new" but only "FULLY ASSEMBLED" and "DISTRIBUTED" which, according to the definations means when it leaves my control (i.e. when I give it back to them).

lol

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well i mean i opened it up and changed the RAM just ot be sure to RAM wasn't dodgy...

but anyways, from what i said above, doesn't it seem that going by the WORDING of the System Bulder Licence, I am OK?

Sure, it's prob not what microsoft intended however by taking a step back, is it really resonable to ask a business to by retails copies for their customer's computers? It just sound a bit strange

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well i mean i opened it up and changed the RAM just ot be sure to RAM wasn't dodgy...

but anyways, from what i said above, doesn't it seem that going by the WORDING of the System Bulder Licence, I am OK?

Sure, it's prob not what microsoft intended however by taking a step back, is it really resonable to ask a business to by retails copies for their customer's computers? It just sound a bit strange

as far as i'm concerned you're in the right, supplying them an oem this way ...
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You'll be fine. As long as you are giving them the license key, and original CD, and not using it on another system, you are fine. By doing the work on the system and not being the owner of said system, you are considered a refurbisher/builder. The idea behind the OEM stuff is to cut the shops a break on price so they can sell it at a retail price or bundle it with a system/rebuild.

I've spent a lot of time on the phone with Microsoft trying to figure out their EULA's myself, since I'm a system builder. When I started I wanted to make sure my customers wouldn't be seeing any grief from any of my vendors, M$ especially.

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