Then it should work if I reformat the HD?? IS there anyway around this other than a format? OH, well I should of done my research first and save the OEM for another day..
You DON'T want to do an "upgrade" install to begin with because the majority of the time "upgrade" installs are not very good so far as responsiveness and such.
It is always recommended to do a "clean" or custom install (as Windows 7 calls it) instead of the the "upgrade" install method.
Just save whatever important files you may have to a USB flash drive or similar and then wipe the hard drive clean during the install process and start afresh.
Be sure you have all the latest up-to-date correct drivers for your hardware though.
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