Windows 7 Pro VM Licensing Question

I need to deploy a Windows 7 VM to run a Customers Application on, like a semi server because the printing setup for the software doesn't run on Windows Server. (Don't ask).

I can't seem to find if there is any reason I can't run W8 Pro OEM in a VM?

If not OEM then what ?

Thanks.
networknAsked:
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Andrew Hancock (VMware vExpert / EE MVE^2)VMware and Virtualization ConsultantCommented:
You will need to use Retail Licensing.
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networknAuthor Commented:
Do you know what codes/SKU's I should be looking for ?
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rindiCommented:
What exactly are you trying to run as a VM? Windows 7 or 8? In the Question you first ask about Windows 7, and later you put in Windows 8...

Windows 7 OEM can't be run as a VM, that is against m$'s EULA, but as far as I know you are allowed to run Windows 8 OEM as a VM, but of course only on the same hardware the license was originally activated on. If it will run on different hardware you need a non OEM version of the OS.
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networknAuthor Commented:
I have found this:

http://www.microsoft.com/oem/en-gb/Pages/support-faq.aspx#fbid=MGxr75W9pwc

Which states:

Q. Can I install OEM on a virtual machine (VMware)?
A. You may install OEM in a virtual environment as long as you have a separate licence for each instance of the software. It is fine to use the OEM version as long as it is properly licensed. To be clear, a separate version of software must be installed for both the “standard” and “virtual” installations.
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rindiCommented:
As I mentioned above, that applies for Windows 8, not 7. M$ changed the OEM licensing for Windows 8.
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networknAuthor Commented:
Well you can't buy W7 any longer, so I intended to buy W8 Pro, and downgrade to W7 Pro.

As I understand it, the rules around licensing are tied to the parent product?
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rindiCommented:
Although you may not be able to buy Windows 7 from m$, it is still available. I'd check out portals like amazon or ebay.

I'm not sure how it would be using a "downgrade", but I wouldn't take the chance...
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McKnifeCommented:
Why was the wrong answer selected? Should be changed so others don't miss the correct one.
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networknAuthor Commented:
The correct answer was retail why do you think it was incorrect
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McKnifeCommented:
Tell me, what am I missing reading your own http://www.experts-exchange.com/Software/Virtualization/Q_28321973.html#a39728619
I am more than sure we may use OEM software here. Of course not twice :)
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networknAuthor Commented:
I think from what I could understand you can only have 1 OEM license per bit of hardware, and secondly, it can't be moved to another computer/server if I use OEM, if either of those are incorrect then we could use OEM, but otherwise I think retail is the only option I could see.
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McKnifeCommented:
> you can only have 1 OEM license per bit of hardware
Sure, that's correct. But the retail one has the same limitation. It is perfectly ok to use OEM in a VM as long as you use it only once at a time. If you discarded that VM, you may use the OEM license elsewhere. It is clearly the best choice here.
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networknAuthor Commented:
Right, however the VM Couldn't be used on ANY other hardware, limiting it's flexibility. We might at some point in the future replace the server this VM would run on, and this would invalidate the license, so whilst it's possible to run OEM, it's not ideal. I believe the recommendation of retail for most people would be the right one, and there is enough discussion on the pro's and con's of the other licenses for it to be determinable for others if OEM works for them.
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McKnifeCommented:
It could be used anywhere you want. You got OEM wrong.
If you changed the host's hardware, the vm might need reactivation (yes, we experienced that, too), but it's perfectly legal to do so.
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networknAuthor Commented:
With respect I think it's you who has OEM wrong. Once you install OEM, it's tied to the hardware it is activated on for it's life and can't be moved. Activated to Server 1 (assuming no other OEM Software installed already) it couldn't legally be moved to server 2.
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McKnifeCommented:
Could you kindly point me to the passage in the license terms that says so? I read those but don't see anything like it. [Not to mention that we did that transfer several times and activated those servers together with Microsoft on the phone).
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McKnifeCommented:
Thanks. If windows were meant,that would explicitely contradict MS' own license terms you linked before. As it does not explicitely mentions windows behind the first [x], I think those terms (behind the first [x]) might apply to office, but not to windows. As I wrote before, they even helped me activating it on the phone while knowing this is a transfer just as you describe it.

Or could it be it's local jurisdiction? Where do the license terms you first linked apply? In the same country like the second?
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McKnifeCommented:
:)
 I give up. I am afraid MS' licensing was confusing, is confusing and will stay like this for good. Example? http://www.microsoft.com/OEM/en/licensing/sblicensing/Pages/licensing_faq.aspx#fbid=HP-fOZ-PZeM?faq2
Q. I am not a system builder, but I am building my own PC for personal use. Can I purchase OEM System Builder software?
A. Yes. Anyone who is building a PC for personal use with Windows 8 or Windows 8 Pro software can use the Personal Use License.
--
Q. What is the Personal Use License?
A. If you are building a PC for your personal use or installing an additional operating system in a virtual machine, you should use a full packaged retail product, not OEM System Builder software.
"Learn more about the Personal Use License" on the same page links to the following statement
"If you are building a PC for your personal use or installing an additional operating system in a virtual machine, you can now purchase OEM System Builder software using the Personal Use License

A little contradictory, isn't it...?
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networknAuthor Commented:
Not really. You CAN purchase OEM for VM, but it still has to meet the licensing conditions for OEM.

http://www.microsoft.com/oem/en-gb/Pages/support-faq.aspx#fbid=rjKhzmlw6FD

 Q. Can I install OEM on a virtual machine (VMware)?
A. You may install OEM in a virtual environment as long as you have a separate licence for each instance of the software. It is fine to use the OEM version as long as it is properly licensed. To be clear, a separate version of software must be installed for both the “standard” and “virtual” installations.

Q. Is an OEM licence transferable?
A. Per the OEM Licensing agreement Microsoft OEM operating system software cannot be transferred from one computer to another. Once installed on a machine, the licence is tied to that machine only. Find out more about the transfer of OEM licences.
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McKnifeCommented:
I hope you read my last comment before posting yours.

I read your quotes before, yes. And your last "Is an OEM licence transferable?" is answered in your very first link too, like this:

Q. Is OEM System Builder software transferable?
A. Whether you can transfer OEM System Builder software depends on how it is licensed. If you are building a PC for your personal use, review the Personal Use License.

And what the PUL says is what I wrote before. The PUL thing has changed with win8, by the way. At http://personaluselicense.windows.com/en-US/default.aspx MS also says explicitely:
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.

To me, the bottom line is "ask Microsoft personally".
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networknAuthor Commented:
My experience is that if you ask 5 MS people, you will get 5 different answers, I got retail for the same price as OEM so I am covered. I need W7 not W8 so the transferrable nature doesn't apply.
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