Solved Win8 OEM System Builder License

[Brink]

znod,

It's really the same as it was with any previous Windows.

You can install it where and how you like, but you can only have one activated installation at the same time.

This includes virtual machines and dual boots as well since each is a separate installation that would require their own unique key number.

 

[znod]

You can't install it at least initially on a non-DIY rig unless on a virtual machine or a dual boot.

 

[Brink]

I didn't see anything that said that anywhere. Where did it say that at?

 

[theog]

If you buy a New PC with Windows 8 core Preinstalled, you upgrade to Windows 8 Pro using Add Features.


To upgrade to Pro OEM full version.
No install files needed.
Only the Product key is need.
http://www.eightforums.com/tutorials/6673-add-features-windows-8-a.html

 

[molebo]

First thing I will do if I purchase an HP is too purchase an OEM and replace the Bloating factory HP install. I don't see how MS can be piddle off if I have 2 licences for the same PC

 

[znod]

I didn't see anything that said that anywhere. Where did it say that at?

Check out the snip in my post #1. And, what I snipped is in what you posted in your post #2.

 

[znod]

If you buy a New PC with Windows 8 core Preinstalled, you upgrade to Windows 8 Pro using Add Features.


To upgrade to Pro OEM full version.
No install files needed.
Only the Product key is need.
http://www.eightforums.com/tutorials/6673-add-features-windows-8-a.html


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View attachment 13905

I have great respect for you, but I am not sure how your post fits into my topic.

 

[znod]

First thing I will do if I purchase an HP is too purchase an OEM and replace the Bloating factory HP install. I don't see how MS can be piddle off if I have 2 licences for the same PC

Doing so would not be consistent with the EULA of the operating system/license combo we (or at least I) are (am) discussing (i.e., the OEM System Builder/Personal Use License combo), but I see your point. On the other hand, you would be doing something that MS doesn't want you to do. I am not quite sure why. Above, I speculated that they want to limit sales of the system builder/Personal Use License combo for some reason.

 

[Mystere]

Look, znod. It's really pretty simple. The new license is designed to be easier to read than the old licenses. The new license also addresses issues of Virtual machines, whereas previous licenses did not.

Many people try to read too much into a license. They parse and dissect it, paragraph by paragraph, but that's the wrong way to look at it. A license operates as a whole, and different sections must be taken together as a whole, and not cherry picked.

You can take any license and find 200 different ways to read it. You can put the emphasis on certain sections or words, and it totally changes the meaning. As an example, let's take the gist of the 1998 lawsuit between Microsoft and Sun over a change made by Microsoft to the base library. There was a disagreement over how to interpret the wording of a particular paragraph. Here it is:

"Licensee shall confine the names of all VAOPs to names beginning with "COM.ms" and shall not modify or extend the names of public class or interface declarations whose names begin with "java", "COM.sun" or their equivalents."

Microsoft read this as "shall not modify or extend the names" while sun intended this as "shall not modify" "or extend the names of"..

Microsoft, thinking they were going by the letter of the license, modified the classes, but did not "modify or extend the names" of the classes. A judge eventually sided with Sun on this, but the terms of the license could be read more than one way.

But all this is basically irrelevant though, in that the license is intended to simply give you permission to use it for a single use, be it as the only OS on the computer, one of several, or as a virtual machine. You just can't use the same copy on the computer as in the virtual machine, or use it multiple times on multiple partitions.

Licenses tend to be imperfect, because they are written from a legal perspective of "covering our asses". This is why you see companies like Google or Facebook publishing terms of service that give them extensive rights to your stuff. Not because they intend to use your stuff, but so they can't get sued because someone posted their own stuff to their service. But in order to give them protection, they often phrase things in ways that sound like they're going to take all your pictures and sell them.

All that being said, none of us here are lawyers, or if we are we aren't YOUR lawyer. So if you're THAT concerned about the license, take it to a lawyer for review. We are only giving you our non-legal opinion, based on our experience. Nothing we can say here is going to be final or provable, since law is an imprecise system and often depends on how a judge interprets something.

 

[Brink]

I didn't see anything that said that anywhere. Where did it say that at?

Check out the snip in my post #1. And, what I snipped is in what you posted in your post #2.

That's what I was referencing.

I'm not sure how you got that from those, but you can install the System Builder version where you like (clean, VM, partition, dual boot, etc....) so long as the key is only activated on one installation at the same time and on no others.

http://www.eightforums.com/general-discussion/10837-windows-8-eula.html#post129488

How can I use the software?

We do not sell our software or your copy of it – we only license it. Under our license, we grant you the right to install and run that one copy on one computer (the licensed computer) as the operating system on a computer that you build for your personal use, or as an additional operating system running on a local virtual machine or a separate partition, subject to the restrictions outlined under “Are there things I’m not allowed to do with the software?” The license is only for use by one person at a time, and only if you comply with all the terms of this agreement. The software is not licensed to be used as server software or for commercial hosting - so you may not make the software available for simultaneous use by multiple users over a network. For more information on multiple user scenarios and virtualization, see the Additional Terms.

 

[znod]

Can't agree. I think the key sentence is pretty clear:

"Under our license, we grant you the right to install and run that one copy on one computer (the licensed computer) as the operating system on a computer that you build for your personal use, or as an additional operating system running on a local virtual machine or a separate partition, subject to the restrictions outlined under ....

In my post #12, I link a great deal of article support for my interpretation of this sentence. My interpretation is that there are 3 ways to use the OEM System Builder/Personal Use License combo initially:

1. Install on a DIY rig;
2. Install as an additional operating system running of a local virtual machine; and
3. Install as an additional operating system running on a separate partition.

 

[znod]

I didn't see anything that said that anywhere. Where did it say that at?

Check out the snip in my post #1. And, what I snipped is in what you posted in your post #2.

That's what I was referencing.

I'm not sure how you got that from those, but you can install the System Builder version where you like (clean, VM, partition, dual boot, etc....) so long as the key is only activated on one installation at the same time and on no others.

http://www.eightforums.com/general-discussion/10837-windows-8-eula.html#post129488

How can I use the software?

We do not sell our software or your copy of it – we only license it. Under our license, we grant you the right to install and run that one copy on one computer (the licensed computer) as the operating system on a computer that you build for your personal use, or as an additional operating system running on a local virtual machine or a separate partition, subject to the restrictions outlined under “Are there things I’m not allowed to do with the software?” The license is only for use by one person at a time, and only if you comply with all the terms of this agreement. The software is not licensed to be used as server software or for commercial hosting - so you may not make the software available for simultaneous use by multiple users over a network. For more information on multiple user scenarios and virtualization, see the Additional Terms.

Can't agree. I think the key sentence is pretty clear:

"Under our license, we grant you the right to install and run that one copy on one computer (the licensed computer) as the operating system on a computer that you build for your personal use, or as an additional operating system running on a local virtual machine or a separate partition, subject to the restrictions outlined under ....

In my post #12, I link a great deal of article support for my interpretation of this sentence. My interpretation is that there are 3 ways to use the OEM System Builder/Personal Use License combo initially (they could overlap):

1. Install on a DIY rig;
2. Install as an additional operating system running of a local virtual machine; and
3. Install as an additional operating system running on a separate partition.

You say "I'm not sure how you got that from those, but you can install the System Builder version where you like (clean, VM, partition, dual boot, etc...." But clean is not a place, a where? I don't think you can install it on a non-DIY machine with a single partition. You say "you can install it where and how you like ..." As said, I can't agree; I don't think you can install it on a non-DIY machine with a single partition. Maybe we should just agree to disagree. And, note that I am going with MS's words not what the company perhaps intended--which might be consistent with what you say.

 

[theog]

http://www.eightforums.com/general-discussion/10837-windows-8-eula.html#post129488

How can I use the software? We do not sell our software or your copy of it – we only license it. Under our license, we grant you the right to install and run that one copy on one computer (the licensed computer) as the operating system on a computer that you build for your personal use, or as an additional operating system running on a local virtual machine or a separate partition, subject to the restrictions outlined under “Are there things I’m not allowed to do with the software?” The license is only for use by one person at a time, and only if you comply with all the terms of this agreement. The software is not licensed to be used as server software or for commercial hosting - so you may not make the software available for simultaneous use by multiple users over a network. For more information on multiple user scenarios and virtualization, see the Additional Terms.

Always been the same. + now you have Personal Use rights.

Post 24
http://www.eightforums.com/general-...-oem-system-builder-license-3.html#post167417

 

[Brink]

You say things like "I'm not sure how you got that from those, but you can install the System Builder version where you like (clean, VM, partition, dual boot, etc...." But clean is not a place, a where? I don't think you can install it on a non-DIY machine with a single partition. You say "you can install it where and how you like ..." As said, I can't agree; I don't think you can install it on a non-DIY machine with a single partition.Maybe we should just agree to disagree. And, note that I am going with MS's words not what the company perhaps intended--which might be consistent with what you say.

No problem, but I know you can.

The line in our quote of the EULA below states you can.

......we grant you the right to install....on a computer that you build....or as an additional operating system running on a local virtual machine, or a separate partition.....

 

[znod]

I have never argued that anything is different. I am talking about the interpretation of MS's key sentence (IMO) noted above, for example, in posts #31 and #1.

 

[Ztruker]

Znod. It sounds like you've already made up your mind and nothing anyone else says is going to change it. I have a lot of confidence in the responses Theog, Brink and Mystere have posted and unless you can present proof positive they are wrong, why not go with what they are saying?

I think the old adage "Why keep beating a dead horse" applies here.

(I vaguely remember something about a dead horse actually winning a race but can't remember the particulars).

 

[znod]

You say things like "I'm not sure how you got that from those, but you can install the System Builder version where you like (clean, VM, partition, dual boot, etc...." But clean is not a place, a where? I don't think you can install it on a non-DIY machine with a single partition. You say "you can install it where and how you like ..." As said, I can't agree; I don't think you can install it on a non-DIY machine with a single partition.Maybe we should just agree to disagree. And, note that I am going with MS's words not what the company perhaps intended--which might be consistent with what you say.

No problem, but I know you can.

The line in our quote of the EULA below states you can.

......we grant you the right to install....on a computer that you build....or as an additional operating system running on a local virtual machine, or a separate partition.....

But a computer you build is a DIY machine right? Where does it say you can put it on a non-diy machine unless as an additional operating system on a local VM or a separate partition?

 

[Brink]

But a computer you build is a DIY machine right? Where does it say you can put it on a non-diy machine unless as an additional operating system on a local VM or a separate partition?

That's the part that says it.

You're just getting hung up on "System Builder" as meaning a system you built (DIY) yourself. While that's true, you can also install it on any computer you like whether you built the computer or not. After all, if you have the right to transfer a system builder copy to another computer, then you certainly have the right to install it where you like as well to begin with.

It's just that most people don't need to since a prebuilt (factory OEM) computer already comes with a OS they use instead.

 

[znod]

Znod. It sounds like you've already made up your mind and nothing anyone else says is going to change it. I have a lot of confidence in the responses Theog, Brink and Mystere have posted and unless you can present proof positive they are wrong, why not go with what they are saying?

I think the old adage "Why keep beating a dead horse" applies here.

(I vaguely remember something about a dead horse actually winning a race but can't remember the particulars).

Well, I searched and put a lot of opinons supporting mine in my post #12. None said you can install on a non-diy rig without the VM or partition qualification. I could have linked a lot more. I can prove my point beyond doubt. But, if one reads the key sentence I have referred to and applies appropriate logic, then I think my point is readily available.

 

[znod]

http://www.eightforums.com/general-discussion/10837-windows-8-eula.html#post129488

How can I use the software? We do not sell our software or your copy of it – we only license it. Under our license, we grant you the right to install and run that one copy on one computer (the licensed computer) as the operating system on a computer that you build for your personal use, or as an additional operating system running on a local virtual machine or a separate partition, subject to the restrictions outlined under “Are there things I’m not allowed to do with the software?” The license is only for use by one person at a time, and only if you comply with all the terms of this agreement. The software is not licensed to be used as server software or for commercial hosting - so you may not make the software available for simultaneous use by multiple users over a network. For more information on multiple user scenarios and virtualization, see the Additional Terms.

Always been the same. + now you have Personal Use rights.

Post 24
http://www.eightforums.com/general-...-oem-system-builder-license-3.html#post167417

I never argued that anything is different.