Selling decommissioned Microsoft software disks

We have upgraded the office servers from Windows Server 2008r2 to Windows Server 2012.  Can we legally sell the old disks now that the servers have been upgraded to the new operating system?
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paulmac110Asked:
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McKnifeConnect With a Mentor Commented:
It also depends on where you live. [But this is constantly denied in this forum as though everyone is American, it sometimes seems.]
In Europe, you may resell OEM software.
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web_trackerCommented:
You can not legally sell the old disks because the usually the product key is tied to the system.
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DeleteCommented:
To backup web_tracker's statement, below is from Microsoft's License FAQ.

http://www.microsoft.com/oem/en/licensing/sblicensing/Pages/licensing_faq.aspx#fbid=fmNbQDhFcPN?faq3

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.
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rindiCommented:
It depends. If OEM, they can't be resold. IF Volume License, probably not either. If they are standard retail licenses, then you should be able to sell them again.
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paulmac110Author Commented:
Thanks McKnife, exactly my thoughts.

This software has been installed and re-installed on the 10 servers we had over a period of 2 years and now that the servers have all been replaced I don't see any reason not to put the software disks on the market.

Will give it a whirl I think.
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