Windows 8 and 8.1 Forums

Eula oem

  1. #1


    Australia
    Posts : 716
    Windows 7 Ult Reatil & Win 8 Pro OEM

    Eula oem


    In the closed thread here by Brink, it shows the EULA for Win8. This is en extract from the EULA:

    Can I transfer the software to another computer or user?
    You may transfer the software to another computer that belongs to you. You may also transfer the software (together with the license) to a computer owned by someone else if a) you are the first licensed user of the software and b) the new user agrees to the terms of this agreement. To make that transfer, you must transfer the original media, the certificate of authenticity, the product key and the proof of purchase directly to that other person, without retaining any copies of the software. You may use the backup copy we allow you to make or the media that the software came on to transfer the software. Anytime you transfer the software to a new
    computer, you must remove the software from the prior computer. You may not transfer the software to share licenses between computers. You may transfer Get Genuine Windows software, Pro Pack or Media Center Pack software only together with the licensed computer.
    I have recently purchased W8 Pro OEM on disk.

    I spoke to Microsoft Australia and asked if that clause applied to OEM and they said no, that the normal OEM rules apply. This seems to contradict the EULA.

    Can anyone confirm definitively what the situation is?

      My System SpecsSystem Spec

  2. #2


    Posts : 1,308
    Windows 8 enterprise x64


    Brink show the EULA of Windows 8 Upgrade, and you get a OEM, it's not the same at all. The Upgrade and Full Version, you can transfer it, your OEM, NO, actually this is the funny part; peoples should not even be able to get an OEM unless their are computer manufacturers or systems builders.
      My System SpecsSystem Spec

  3. #3


    Australia
    Posts : 716
    Windows 7 Ult Reatil & Win 8 Pro OEM


    Quote Originally Posted by area 66 View Post
    Brink show the EULA of Windows 8 Upgrade, and you get a OEM, it's not the same at all. The Upgrade and Full Version, you can transfer it, your OEM, NO, actually this is the funny part; peoples should not even be able to get an OEM unless their are computer manufacturers or systems builders.
    Thanks for the input area66. Are you sure it's just applied to the upgrade because the thread title is: Windows 8 End User License Agreement (EULA).

    And the title of the reproduced MS EULA is:

    MICROSOFT SOFTWARE LICENSE AGREEMENT
    WINDOWS 8

    It doesn't say anything about applying only to upgrade?

    There's been mention several times in different posts about MS allowing hobbyists to transfer the OEM software to another machine if they are the original builder and the first machine crashes. But if the original builder sells it to another person, the new owner cannot transfer it from the computer it is installed in.

    Yes I agree it is strange that people can just walk in off the street and buy an OEM disk, but the retailer never even asked if I was a system builder. However, my son is a licensed system builder.
      My System SpecsSystem Spec

  4. #4


    Posts : 1,308
    Windows 8 enterprise x64


    Because if I don't mistake Upgrade and Full have the same EULA,

    The OEM is a different EULA

    Brink was refering to it, because too much peoples here, with the $ 39 upgrade post stuff againts the EULA
      My System SpecsSystem Spec

  5. #5


    Australia
    Posts : 716
    Windows 7 Ult Reatil & Win 8 Pro OEM


    OK thanks for that info. I'll see if I can find the OEM EULA on the MS web site.
      My System SpecsSystem Spec

  6. #6


    Posts : 22,564
    64-bit Windows 10


    Hello Mustang,

    That's the full EULA. The section below that is just above what you quoted applies to upgrade copies of Windows 8.

    What about upgrading the software?

    The software covered by this agreement is an upgrade to your existing operating system software, so the upgrade replaces the original software that you are upgrading. You do not retain any rights to the original software after you have upgraded and you may not continue to use it or transfer it in any way. This agreement governs your rights to use the upgrade software and replaces the agreement for the software from which you upgraded. After you complete your upgrade, additional software will be required to playback or record certain types of media, including DVDs.
    For OEM copies of Windows 8, you should refer to page 2 at that link instead though.

    https://www.eightforums.com/general-d...tml#post129442


    Hope this helps.
      My System SpecsSystem Spec

  7. #7


    Posts : 1,308
    Windows 8 enterprise x64


    The OEM EULA is in the box when you purchase 3, 10 , 50 of them like it should, re sellers simply open the box and sell them 1 by 1 , you also have a DVD in the box for customize the install

    here how look a 3 oem pack with the EULA on the box

      My System SpecsSystem Spec

  8. #8


    Australia
    Posts : 716
    Windows 7 Ult Reatil & Win 8 Pro OEM


    Quote Originally Posted by Brink View Post
    Hello Mustang,

    That's the full EULA. The section below that is just above what you quoted applies to upgrade copies of Windows 8.

    What about upgrading the software?

    The software covered by this agreement is an upgrade to your existing operating system software, so the upgrade replaces the original software that you are upgrading. You do not retain any rights to the original software after you have upgraded and you may not continue to use it or transfer it in any way. This agreement governs your rights to use the upgrade software and replaces the agreement for the software from which you upgraded. After you complete your upgrade, additional software will be required to playback or record certain types of media, including DVDs.
    For OEM copies of Windows 8, you should refer to page 2 at that link instead though.

    https://www.eightforums.com/general-d...tml#post129442


    Hope this helps.
    Thanks heaps Shawn. I followed the link to the OEM EULA and that is very explicit and answers my question fully. Cheers

    Downside: Uh oh! Looks like I'm stuck with it on my backup machine! Even so, with SSD SATA3 HD and i52400 CPU and plenty of RAM, it's quite adequate and runs very fast.

    Update: I didn't see the third page of the tutorial, and that refers to the Builder license for personal use. Based on that I can move W8 to another machine. So I'm over the moon!
    Last edited by Mustang; 30 Oct 2012 at 01:39.
      My System SpecsSystem Spec

  9. #9


    Posts : 1,308
    Windows 8 enterprise x64


    ok Brink link the user EULA for Pre install OEM, this is how it should be sell anyway, and I show a pic of the computer builders Box with the License. I'm not use the the end user one as I don't sell OEM without installing them in a new PC I build, so I deal with the system builder license.
      My System SpecsSystem Spec

  10. #10


    Australia
    Posts : 716
    Windows 7 Ult Reatil & Win 8 Pro OEM


    Quote Originally Posted by area 66 View Post
    The OEM EULA is in the box when you purchase 3, 10 , 50 of them like it should, re sellers simply open the box and sell them 1 by 1 , you also have a DVD in the box for customize the install.
    Thanks area66. In point of fact I asked the guy in the computer shop why it only had a sleeve and not a box and he said MS weren't doing them anymore in the box!

    Who can you trust, eh?
      My System SpecsSystem Spec

Page 1 of 3 123 LastLast
Eula oem
Related Threads
Solved Am I breaking the Windows EULA? in Windows Updates & Activation
I've installed Windows 8 Pro (full version, not upgrade) in a vm to see how it works. I've then installed it to the harddrive using the same product key on the same computer. The second installation (on the harddrive) is now flagged as not activated. Did I break the EULA?
Where do I find the EULA on the Windows 8 Pro installation disc and how do I read it? I am very specific on this. I want to read it from the installation disc on any opttical drive ( not during installation when be blindly tick "I agree" :D ).
Windows 8 EULA in General Support
Windows 8 End User License Agreement (EULA) Windows 8.1 End User License Agreement (EULA) 10076 Post #2: EULA for Retail (upgrade) Windows 8
We've updated the Microsoft Services Agreement, which governs many of our online services - including your Microsoft account and many of our online products and services for consumers, such as Hotmail, SkyDrive, Bing, MSN, Office.com, Windows Live Messenger, Windows Photo Gallery, Windows Movie...
Eight Forums Android App Eight Forums IOS App Follow us on Facebook