FAQs on Microsoft licensing

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davehc

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This may help new buyers to travel through the Licensing minefield. If any readers can see any glaring errors, do not hestitate to point them out in a following post. Maybe we can then "sticky" it.

The different types of Microsoft licences.

Retail (full):
1. Comes with the full box, manual, holographic discs and licence, usually for one computer. This is obtained by buying the product on its own (without bundled hardware) from a shop or online retailer.
2. Can be activated as many times as required as long as it is not installed on more computers than the licence allows at the same time. The first activation can normally be done using the online service while subsequent ones require you to call thetelephone activation service and confirm that you are not activating on a second PC without having removed it from the first. You do have to tell them that you replaced all of the hardware in your computer over the phone though, and not tell them that it's a different PC. They also don't identify the PC simply by the motherboard, it's a combination of five different things. The motherboard, hard-drive, video-card, CPU. Each item has a score, if your score ends up being above a certain number, even without reinstalling Windows you will be required to reactivate. Microsoft will let you replace a motherboard without buying a new license, There appears to be no limit as to the number of times you can use the telephone procedure, if you follow the above.
Also, you don't have to gradually replace parts, you can replace everything at once and MS still activate it.
3. The same retail key can be used for both x86 and x64 editions. Ultimate is supplied with both DVDs in the box while the other editions come with x86, and the x64 DVD can be ordered, for the cost of shipping/handling
4. Any retail disc/download will work with any product key for the retail edition of the same product.

Retail (upgrade):
1. Same as retail (full), except that a qualifying previous version of the product must be owned for the licence to be valid. The qualifying products will be outlined on the packaging of the upgrade. The older version may not be used at the same time as the product that the upgrade is for, the two licences together make one full licence for the new product.
2. Supplied in the same packaging with the same manual and disc as the retail (full) editions, except with "upgrade" branding
3. No proof of ownership is required for purchase, but the installation will usually require the disc of the older product for checking during the installation. The upgrade must instead be initiated from within a running copy of Windows rather than being able to be installed by booting from the DVD. However, you may still perform a clean installation by starting the installation from here but then installing to a different partition, it does not have to be an "upgrade" installation.
4. The upgrade disc is identical to the retail disc, it is the key that enforce the restriction of not being able to install while booted from the DVD, so it is possible to circumvent this restriction by booting and installing without entering a key, then starting the installation again from within the newly-installed version and entering the upgrade key, as Windows 7 is, it seems, deemed to qualify for an upgrade to Windows 7 (even the same edition). However, it is only legal to do this if you do own a copy of Windows 2000 or XP that qualifies for the upgrade licence.

OEM:
1. These should only be sold bundled with a new PC; however you can usually buy them separately or with a nominal piece of hardware from most online computer parts stores. They cost significantly less than retail editions.
2. Unlike retail editions, these are only to be used on the PC with which they were originally supplied (ie they should only allow you to activate them on the first PC on which they were activated). However, the telephone activation service will sometimes allow activation on a different PC although this does break the lience - you will need to tell them that you have replaced most/all of the parts in the original PC including motherboard, hard drive and graphics card. However, be aware that they can tell that you are activating it on a different PC to the one(s) on which you have previously activated it. The product key is on a COA which must be stuck to the PC for it to be valid; this is also aimed at tying the licence to the original PC. It is legal to re-activate with a different motherboard if the motherboard in the original PC needs to be replaced; normally the motherboard is what they use to identify a PC though ie you can upgrade everything except this without it becoming a different PC that needs a new licence (otherwise there would be nothing to stop you effectively replacing the PC gradually but using the same licence).
3. OEM editions are supplied on Microsoft holographic discs (for 7 these are identical to the retail DVDs and all the DVDs take both OEM and retail keys) if you buy them yourself or they are supplied by a small "system builder", on OEM-branded discs (which range from being the same as the MS ones with just a few OEM branding customisations to BIOS-locked "recovery discs" which will only install on the PC that they came with and contain a lot of non-MS crapware) from larger OEMs (MS only allows the larger OEMs to distribute these now whereas they used to be able to offer either), or simply as "recovery partitions" on new PCs. If you only have a recovery disc/partition, the holographic OEM disc can be used with your key to reinstall the product, while with 7 the retail disc can also be used. The versions that you buy normally come in a standard DVD case rather than the full box of the retail edition.
4. OEM Windows versions are supplied as either x86 or x64. However, keys will work with both editions if you can obtain the disc/download, though your OEM or MS will not supply you with that disc. Windows7 professional x64 Edition uses its own set of keys.
5. Most new PCs are installed with Windows by the manufacturer from one image to thousands of machines and therefore have a "multiple activation key" in them. This is a pre-activated key locked to that OEM and the recovery discs will also often include this key. The key on the COA is therefore just proof of licence, or you can use it if you reinstall from a different disc or from an MS holographic one that has no keys integrated. As this is a "virgin" (never activated) key, it should be possible to activate on any other PC at least once, as MS will have no way of knowing that it is not the PC that it originally came with.
6. The COA is the proof of licence and must be supplied with any OEM copy of Windows, even if no disc is included.

Volume Licensing:
1. Available to organisations which need five or more licences for a product.
2. One product key is used for all of the installations.
3. Usually supplied as a download or on Volume Licensing-branded discs.
4. Identical to the retail versions except that the set of keys taken is different and they do not usually need activation with Microsoft. Sometimes the disc is the same disc and the key determines the installation type.
5. Windows uses VLK 2.0 which does require activation. This can be done online in the same way as the retail version of the product or against a Key management Server (KMS), usually located on the organisation's network. A KMS must first be activated itself with Microsoft, then PCs can activate with it rather than MS. VLK copies need to check in with the KMS at least every 180 days to remain activated. Business and Enterprise are available as VLK versions and separate discs are required for the
installation; Enterprise is only available as VLK.
6. Software Assurance is a subscription-based scheme where large organisations can subscribe and always receive the latest versions of Windows etc.

MSDN/TechNet/Partner Action Pack:
1. These subscriptions provide the subscriber with most of Microsoft's software, although most of it is only for "evaluation" (ie non-commercial) use, albeit not time-restricted like a trial. It is many times cheaper to buy the software this way than as retail or OEM.
2. Usually supplied as a download or on non-holographic discs branded with the type of subscription.

Trial:
1. Similar to subscription licences, except a time limit is hard-coded into the software. Evaluation software is usually identical to the full product except for the time limit, and can usually be upgraded to the full version by purchasing and entering a retail product key.
2. Some evaluation editions, eg Windows Server 2008 are identical to the retail DVD and are simply installed without a product key, using the grace period for activation as the trial period. A retail key can then be entered and activated as normal.
3. Generally not for commercial use other than for evaluation purposes.

Not for resale:
1. You will sometimes see discs that are "genuine" but say something like "not for retail or OEM distribution" or "unlicensed software: illegal without separate licence from Microsoft" on them - these are "fulfilment" discs that contain the full version of the product and often include a product key for installation, but they are to provide discs for customers such as those with VL agreements and so they should not be sold or used without such a licence. Likewise, discs to provide other editions of the same product eg the CD and 64-bit versions of Windows, are marked as not for resale as they should not be used as a separate copy of the product, they belong with the original disc and licence with which they are ordered.
2. Promotional copies given out at Microsoft events will also be marked as "not for resale" - these are usually the full retail product and may or may not be licences for commercial use, but do not usually have the full packaging.

Academic Retail
1. These can be bought for Full or Upgrades. Sometimes academic licenses entitle users to less functionality or more specific functionality then the regular product (such as Microsoft Office), or they can be exactly the same product as the usual retail version (such as Microsoft Vista).
2.Academic licenses are considerably cheaper than the usual retail versions.
3.Academic licenses are only available to Students studying at primary, secondary and tertiary institutions. The license also applies to parents/guardians of qualifying students and, in some circumstances, teachers and academic staff.

This is information is a private guide only, and there may be errors - please check the license before buying academic software

Have fun and stay legal
 
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Digerati

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While I appreciate all the effort that went into this, I think it is way, way too wordy and therefore confusing.

1. Retail Licenses come in shrink wrapped boxes and are typically bought through retail outlets. Documentation is little more than a quick user guide. Retail licenses are transferable to new or upgraded computers but can only be installed on one computer at a time.

2. A Upgrade License can only be installed on the computer that already has a "qualifying" license assigned to it.

3. OEM System Builder licenses are sold with pre-built computers or hardware purchased to build a computer. OEM System Builder licenses are assigned to that computer and in no circumstance can be transfered to another computer.

A new motherboard constitutes a new computer. Therefore, when you "upgrade" the motherboard, if your current Windows license is an OEM or Upgrade license, you MUST purchase a new Windows license, or use one of the many free Linux alternatives. You can replace everything else (case, CPU, PSU, RAM, graphics card, HDs) and not require a new license. Just not the motherboard. This applies to OEM (System Builder) and Upgrade licenses. Only "full retail" licenses can be transferred to another computer, but only if all previous installations have been removed.

The ONLY time you can use an OEM System Builder license with a new motherboard is during a repair action for a mother that has failed. AND the new motherboard MUST be an exact brand and model number replacement, or the replacement model recommended by the motherboard manufacturer if the original model is out of production.

Note Microsoft Knowledge Base Article 824125 near the bottom under More Information where it says, (my bold added),
Users who run a Microsoft Original Equipment Manufacturer (OEM) operating system may upgrade or replace most of the hardware components on the computer and still maintain the license for the original Microsoft OEM operating system software provided by the OEM, with the exception of an upgrade or a replacement of the motherboard. An upgrade or a replacement of the motherboard is considered to create a new personal computer. Therefore, Microsoft OEM operating system software cannot be transferred from another computer. If the motherboard is upgraded or replaced for reasons other than a defect then a new computer is created, and a new operating system license is required. If the motherboard is replaced because of a defect, the user does not need to acquire a new operating system license for the computer. The motherboard replacement must be the same make and model, or the same manufacturer’s replacement or equivalent, as defined by that manufacturer’s warranty.
********

Retail (full):

You do have to tell them that you replaced all of the hardware in your computer over the phone though, and not tell them that it's a different PC.
Don't know what that means. Just tell the truth, whatever it is. If it is a new PC, say it is a new PC. You don't have to tell them anything about upgrades. The thing that is pertinent is that it is a retail license and you have it installed on one PC only.
 

davehc

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Thankyou. Not quite the feedback I was requesting!
It was meant to be wordy, and in non-microsoft jargon, for simplicity. However, with your comment, it appears that this may be in the eyes of (this) beholder.
Your last comment. I realise that we are bordering on mean of piracy here, but, unfortunately, it is, for expediency, better to be a little ecomomical with the truth. See my final comment in red.
 
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Nibiru2012

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davehc - Thank You for the time and effort you put into this! IMHO, it was time well spent.

Upgrade installs can and have been done on previous build and new-build hardware whether or nor there was a previous OS on it or not. Paul Thurrott's website even has a tutorial on how to do it! So I don't believe it's considered "piracy" in the strictest definitions, maybe just fudging a little.

OEM licenses and related install DVDs are readily available through both brick & mortar stores and online. Many users go this route. I know I have on several builds and installs for friends and clients. It saves the end-user money! I don't have to have 700,000 SF facility to qualify for an OEM license. If MS didn't want the product sold that way, believe me they could curtail OEM sales to the occasional user with no problem.

Again... Great Job On A Very Informative Post!
 

Digerati

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I realise that we are bordering on mean of piracy here, but, unfortunately, it is, for expediency, better to be a little ecomomical with the truth. See my final comment in red. I think it is important folks know the licensing rules to prevent piracy - accidental or otherwise.

I far as wordy equating to simplicity, not sure I agree with that.

Upgrade installs can and have been done on previous build and new-build hardware whether or nor there was a previous OS on it or not. Paul Thurrott's website even has a tutorial on how to do it! So I don't believe it's considered "piracy" in the strictest definitions, maybe just fudging a little
Fudging a little is like saying a little lie is not a lie. That said, you don't typically have to have the previous version installed to perform an upgrade, you just need the qualifying disk and you will be prompted to swap it in. And that's how I read dave's comments. That is not piracy in any way.

The piracy issue is usually a problem where folks think it is okay to use an OEM System Builders license on a new machine, or more often, when "upgrading" their motherboard. In both cases, that is not legal.
 
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The piracy issue is usually a problem where folks think it is okay to use an OEM System Builders license on a new machine, or more often, when "upgrading" their motherboard. In both cases, that is not legal.
So when would using OEM license be legal?

You just about eliminated all the prospects of purchasing OEM ever.

I thought we had already discussed that changing motherboards was building a new machine. Here you are separating the two as if that is not the case.
 
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I have done that and called M$ after the upgrade told them that I upgraded to a new Board or CPU and have received a key code to insert in the upgraded system from M$ for the OEM. Most my OS's are OEM except for my W7 which is an upgrade 64 bit. The nice thing about that is W7 recognizes OEM's ans full versions so I upgraded my Primary machine to a dual boot W7 64 bit and Vista 32 bit initially with no problems. I since have have removed the Vista OS but did keep and image of it just in case.
 

Digerati

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So when would using OEM license be legal?
When you buy the license to use on a new computer.

You just about eliminated all the prospects of purchasing OEM ever.
If you are building a new computer, you cannot use an old OEM license - you must buy a new license. If you are upgrading the motherboard of an old computer, you cannot use an old OEM license - you must buy a new license.
I thought we had already discussed that changing motherboards was building a new machine. Here you are separating the two as if that is not the case.
No, I was pretty specific. If you are upgrading the motherboard, you need a new license. If you replacing the old with an identical (not an upgrade) board as part of a repair action because the first board failed, then you can use the old license.
 
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OK - here is the confusion.

I wasn't referencing to the old license. I was understanding "OEM System Builders License" as a newly purchased license not the old license.

I'm on the same page with you now. :)
 

Digerati

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Ah! Okay. Thanks for clarifying. No doubt it can be confusing, especially when you can readily buy just about any version you want, and the disk itself, will allow you to install Windows on a second computer. But just because a retailer will sell you something, or the disk will allow you to install on a second computer, that does not make it legal. Many feel they own the disk so they have the right to do whatever they want with it. That's not how it works. The disk is just the media. It is the license you bought and by using the license, you agree to abide by its terms - whether you obtain the software by disk, or by download, which MS provides too.

For example, Newegg sells Windows 7 Home Premium System Builders - OEM, apparently without restriction. But if you click on the Details tab, it says,
Use of this OEM System Builder Channel software is subject to the terms of the Microsoft OEM System Builder License. This software is intended for pre-installation on a new personal computer for resale. This OEM System Builder Channel software requires the assembler to provide end user support for the Windows software and cannot be transferred to another computer once it is installed. To acquire Windows software with support provided by Microsoft please see our full package "Retail" product offerings.
Note it says, "intended for pre-installation on a new personal computer for resale". This is because the vast majority of System Builder OEM licenses do go to PC makers who then sell the computers to consumers. Home [self] builders are a very small percentage of the whole. Somewhere on Microsoft, I'd have to hunt it down, it does say you can buy and use it for a computer you are building for yourself (not for resale) with the assumption you will be providing your own support. It also suggests that if you are building a computer for your mom or a friend (that is, free and no labor costs) you still then assume responsibility for 1 year of technical support!
 

Nibiru2012

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That said, you don't typically have to have the previous version installed to perform an upgrade, you just need the qualifying disk and you will be prompted to swap it in
Never ONCE on a new install of Windows 7 using an upgrade version DVD have I been asked for the old OS install disk. Never. Nor have I been asked for it on a new build either.

Somewhat confusing, isn't it?
~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~

Again davehc did a decent job of explaining things and now it seems we're splitting hairs on the legalese issues.

It's like does the person speeding 1-2 mph over the speed limit breaking the law just as bad as the guy who is going 12 mph over the speed limit? Curious because most law enforcement agencies, depending on the area and other factors, usually give a 5-10 mph grace zone over the speed limit.
 
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davehc

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My post has lead into something wehich I particualry dislike, so I am closing it. Thak you to those with positive related feedback.
 
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