Windows 8 and 8.1 Forums

Vista OEM Upgrade?

  1. #11


    Posts : 1,308
    Windows 8 enterprise x64


    thanks Brink, we will need a lawyer soon to interpret the EULA..... Where is the time of XP , when you just throw a W98 cd at install to qualify the XP upgrade.....

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  2. #12


    Posts : 8
    WIN7


    Quote Originally Posted by area 66 View Post
    idog8818, if you means that after upgrade your PC2 with the upgrade ( transfer, not new install) and you want return the PC1 to vista, I think it's ok to re install Vista, as the upgrade will be use on the Windows 7 PC, but is the upgrade really transferable I think it's a grey zone in the EULA. Let see what Bring think about it. One thing is sure you can't use the same upgrade on 2 pcs, but is it transferable ????
    Thanks very much for your reply.
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  3. #13


    Posts : 8
    WIN7


    thanks Brink. I have another question regading upgrade pack. Is it transferable to another person? One of my client called me before, he's not happy with the windows 8 and has formated and reinstalled win 7. He asked whether he can sell it on ebay. He purchased MS online for only $14.99 because he purchased pc in July.
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  4. #14


    Posts : 1,308
    Windows 8 enterprise x64


    Quote Originally Posted by idog8818 View Post
    Quote Originally Posted by area 66 View Post
    idog8818, if you means that after upgrade your PC2 with the upgrade ( transfer, not new install) and you want return the PC1 to vista, I think it's ok to re install Vista, as the upgrade will be use on the Windows 7 PC, but is the upgrade really transferable I think it's a grey zone in the EULA. Let see what Bring think about it. One thing is sure you can't use the same upgrade on 2 pcs, but is it transferable ????
    Thanks very much for your reply.
    My reply should not be use as it's seems to not comply with the EULA , I will have edit it, but now you copy it, so may be Brink can clean the thing.
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  5. #15


    Posts : 8
    WIN7


    Sorry about that.

    hi Brink, do you know anything about resale? I have a client upgraded to win8 via upgrade program, not not happy with that. Now he's reinstalled win7. Can he sell the windows 8 upgrade to others?
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  6. #16


    Posts : 22,582
    64-bit Windows 10


    Quote Originally Posted by idog8818 View Post
    Sorry about that.

    hi Brink, do you know anything about resale? I have a client upgraded to win8 via upgrade program, not not happy with that. Now he's reinstalled win7. Can he sell the windows 8 upgrade to others?
    Here's my legal alien opinion after looking at these sections and the parts I bolded in red in the EULA below .


    Since this is a Windows 8 upgrade, only either the qualifying Windows 7 or Windows 8 can legally be installed an activated, but not both at the same time.

    As long as your client has Windows 7 installed and activated with the W7 key, the Windows 8 upgrade key cannot legally be activated or transferred. "You cannot have your cake and eat it too." comes to mind.

    In addition, since this the $14.99 special, we are dealing with an OEM copy of Windows 7 and not a retail copy. I would imagine that the Windows 8 will be permanently tied to the client's computer now since it has been activated on it.

    Unless the client is selling the computer with the Windows 8, I would say no he cannot sell the Windows 8.




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



    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.

    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.
    Last edited by Brink; 08 Nov 2012 at 23:50. Reason: addition
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  7. #17


    Posts : 1,308
    Windows 8 enterprise x64


    Brink, especially knowing the client purchase the upgrade at $ 14 ( upgrade available only the one who purchase a Windows 7 on July and after) I'm not sure MS will like to see peoples selling those upgrades on Ebay at higher price than they pay for it,
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  8. #18


    Posts : 22,582
    64-bit Windows 10


    Agreed.
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  9. #19


    Quote Originally Posted by area 66 View Post
    idog8818, if you means that after upgrade your PC2 with the upgrade ( transfer, not new install) and you want return the PC1 to vista, I think it's ok to re install Vista, as the upgrade will be use on the Windows 7 PC, but is the upgrade really transferable I think it's a grey zone in the EULA. Let see what Bring think about it. One thing is sure you can't use the same upgrade on 2 pcs, but is it transferable ????
    Everything that I have read suggests that a Windows 8 upgrade can be transferred. e.g:

    How the new Windows 8 license terms affect you | Page 2 | ZDNet
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  10. #20


    Posts : 22,582
    64-bit Windows 10


    Quote Originally Posted by machare View Post
    Quote Originally Posted by area 66 View Post
    idog8818, if you means that after upgrade your PC2 with the upgrade ( transfer, not new install) and you want return the PC1 to vista, I think it's ok to re install Vista, as the upgrade will be use on the Windows 7 PC, but is the upgrade really transferable I think it's a grey zone in the EULA. Let see what Bring think about it. One thing is sure you can't use the same upgrade on 2 pcs, but is it transferable ????
    Everything that I have read suggests that a Windows 8 upgrade can be transferred. e.g:

    How the new Windows 8 license terms affect you | Page 2 | ZDNet
    Hello Machare,

    For a retail upgrade copy of Windows 8, it's transferable as long as you do not have the qualifying OS you used to purchase the upgrade activated. https://www.eightforums.com/general-d...tml#post129442


    For an OEM upgrade copy of Windows 8, it's not transferable to another computer. https://www.eightforums.com/general-d...tml#post129482


    For a system builder copy of Windows 8, it's transferable. https://www.eightforums.com/general-d...tml#post129488
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