OEM vs Retail....Legal??

[netadmin06]

Hello I have a computer with no OS. Id like to put windows xp in it and i see the tigerdirect has a OEM version for $140........IS it legal for me to buy an OEM version of Windows XP and install it? I thought that you could only use OEM it if comes already in a system. If thats the case why would Tigerdirect be selling OEM copies? wouldnt that be illegal?....does anyone know the policy on OEM software from Microsoft for Windows XP?? Thanks

 

[cdogg]

No, it's OK to sell OEM licenses and for you to purchase one. Typically, the rule is that you have to purchase a hardware component with it to make the sale legit, but some places don't require you to.

Keep in mind that OEM is cheaper because it has to stay with the PC it is activated on.

~cdogg
"Insanity: doing the same thing over and over again and expecting different results." - Einstein
[tab][navy]For posting policies, click [/navy]here.

 

[netadmin06]

Sorry to sound noisy but who says that it is ok to buy OEM software??I cannot find Microsoft's OEM Terms on their website

 

[DCBennett]

FYI - from

http://oem.microsoft.com/downloads/licensing/Zoom1-5/ZoomInNew.html

This is the "old" license which I guess covers XP OEM

"4.1 The enclosed individual software licenses may only be distributed with fully assembled PCs (which include a minimum of CPU, motherboard, hard drive, power supply and case). In other words, if you open the box, you must distribute the enclosed software license(s) with a fully assembled PC(s) only.

4.2 Under the terms of the End User License Agreement (EULA), you are the licensor and the license is between you and the end-user. You are granting the end-user rights that are defined in the EULA."

 

[netadmin06]

Thanks DCBennett! Exacly what I needed. I guess Tiger Direct is not suppose to sell OEM Copies by themselves

 

[cdogg]

You are misinterpreting the difference between a "System Builder" and "Distributing an OEM license".

When you buy an OEM copy from a site like NewEgg.com or TigerDirect, you are making the purchase under the assumption that YOU are the system builder. In other words, you will assemble a computer and install the OEM version of Windows on it.

That is perfectly legal. The condition that DCBennett linked to talks about what you are allowed to do "after" the OEM seal/box has been opened. At that point, you are only allowed to distribute it with a fully assembled computer.


That's the reason why you can't returned open OEM operating systems. But it is fine to buy them unopened without any hardware...

~cdogg
"Insanity: doing the same thing over and over again and expecting different results." - Einstein
[tab][navy]For posting policies, click [/navy]here.

 

[netadmin06]

Thanks for clarifying this cdogg. It makes sense. Again Thanks!