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Licensing: XP Pro OEM (Resellers COA??)

Posted on 2010-08-19
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Last Modified: 2013-11-25
Hi there,

I just heard a new one. It is about a Microsoft XP Pro OEM used computers COA for used PCs resellers.

This is so confusing...

Here is the thing. I was just about to buy several used computers from a computer store and the seller told me that he did not want to add on the invoice that the used branded PCs included XP Pro OEM because even if the COA is as original as the PC it is sticked to. Microsoft now would now require a new licence, dependent and on top of the OEM licence.  It's a licence that sounds like (OEM Used Reseller COA) and it would cost to the reseller arround $30.

He also showed me that COA (kind of brownish).

I tried to find info on the Internet without success.

I also found the following website that seems to contredict it all:
http://www.microsoft.com/oem/en/licensing/sblicensing/pages/licensing_faq.aspx

Can you help me understand what is going on?

Please include ref. URLs.

Thanks for your help,
Rene


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Question by:ReneGe
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by:SylvainDrapeau
ID: 33482084
Hello !

I believe your seller did not understand the licensing process correctly or his Microsoft rep is not doing his job correctly. If (a) the computer has not gone through radical hardware modification and (b) its OEM license is legal and (c) the COA is stickied to the computer and (d) the seller does not keep any copies of the original software then the license transfer is legal and require no additional cost.

Taken from the very address you provided, those three Q&A cover your question fully :

Transfer of License
Q. Can my customers transfer or sell their OEM software licenses?
A. After an OEM software license has been installed on a PC, the license may not be installed on or transferred to another PC. However, the entire PC may be transferred to another end user along with the software license rights. When transferring the PC to the new end user, the software media, manuals (if applicable), and Certificate of Authenticity label must be included. It is also advisable to include the original purchase invoice or receipt. The original end user cannot keep any copies of the software.

Refurbished/Used PCs
Q. What is the difference between a refurbished PC and a used PC?
A. A refurbished PC is a computer system that has had substantial hardware modifications that may require a new operating system license—because the modifications have essentially created a "new" PC.

Generally, an end user can upgrade or replace all of the hardware components on a computer—except the motherboard—and still retain the license for the original Microsoft OEM operating system software. If the motherboard is upgraded or replaced for reasons other than a defect, then a new computer has been created. Microsoft OEM operating system software cannot be transferred to the new computer, and the license of new operating system software is required.

If the motherboard is replaced because it is defective, you do not need to acquire a new operating system license for the PC as long as the replacement motherboard is the same make/model or the same manufacturer's replacement/equivalent, as defined by the manufacturer's warranty.

A used PC is a computer system that has had few or no hardware changes. The license for OEM software on a used PC may not be transferred to a new or different PC. However, the entire used PC, including the software media, manuals, and Certificate of Authenticity, may be transferred to another end user along with the software license rights.

Q. Can I sell secondhand computer systems with the original Microsoft software, or will a new license be required before selling?
A. Please look at the End User Software License Terms to find out which type of license has been issued for the Microsoft software on the computer system and check the provisions relating to transfer. To find and read the End User Software License Terms, click Start on the taskbar, click Help and Support, and do a search for eula.txt.

Generally speaking, in the case of OEM or OEM System Builder software, the license may not be transferred to a new or different PC. However, the entire used PC, including the software media, manuals, and Certificate of Authenticity, may be transferred to another end user along with the software license rights.

Syldra
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by:ReneGe
ID: 33482117
Thanks Sylvain,

He told me that he was currently under a law suite from Microsoft because he was reselling PC as I mentionned earlyer. He also showed me the Unusualy brownish COA sticked from Microsoft as also described earlyer.

I absolutly dont know what to think about all of this.

It's as if Microsoft found a new legal twist to screw Microsoft OS users? It could also be a sick scam from the reseller?

I need answers, actually, we all need answers on this since this will affect almost all of Microsoft techs.

Cheers,
Rene
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by:SylvainDrapeau
ID: 33482135
Hello again !

Did it looked like the one attached ?

If yes, those are special for refurbished computer WITHOUT orginal OEM licences and not for used computers (see above the distinction between used and refurbished.

Syldra
COA-White.png
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by:ReneGe
ID: 33482155
Sylvain,

Following your post, I Googled Windows XP COA and found:
http://www.microsoft.com/howtotell/popup.aspx?displaylang=en&fid=59

Which looks a lot like the COA he showd me.

I'll visit them again tomorrow and confirm the COA. Then follow-up.

Thanks and cheers,
Rene
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SylvainDrapeau earned 500 total points
ID: 33482165
Hello !

A correction, an original OEM license is required with this kind of COA (refurbished).

See here : http://www.microsoft.com/howtotell/popup.aspx?displaylang=en&fid=59

So, if what you wanted to buy was *used* then no need for those COA. But if they were *refurbished*, then if may be mandatory.

Syldra
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by:ReneGe
ID: 33482193
Merci Sylvain.
À demain
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by:ReneGe
ID: 33487144
It's all good.

The PCs service TAG are the same on the Mother B. and the Box.

So it's not a refurbished but rather USED PCs.

Thanks for your help.

Cheers,
René
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by:SylvainDrapeau
ID: 33487522
Great, you can mail me my share of the savings. :)

Seriously, glad to be of help.

Bonne journée !

Syldra
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