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server 2019 sku P73-07788 moveable?

I'm being told by my disty that this sku can be moved to new hardware if the old hardware dies. as far as i can see, this is an OEM license, which as far as i know, is not supposed to be moved to new hardware. although it *might* work there is no guarantee as far as i know.

this is going to be a baremetal server, not a vm. i want to make sure that if the board dies, then we don't have to buy a new license for the server.

can anybody  go definitive for me please?
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Andrew Hancock (VMware vExpert / EE Fellow)VMware and Virtualization Consultant
Fellow 2018
Expert of the Year 2017

Commented:
Original Equipment Manufacturers (OEM) versions

Note: Physical-to-virtual hard drive migration of a Windows installation is a valid function for customers with Software Assurance and full retail copies of Windows XP, Windows Vista, and Windows 7. Software Assurance provides users valuable benefits—please contact Microsoft Corporation for further information. Windows XP, Windows Vista and Windows 7 installed by Original Equipment Manufacturers (OEM) using OEM versions of these products may not be transferred to a virtual hard drive in accordance with Microsoft licensing terms.

Source
http://technet.microsoft.com/en-us/sysinternals/ee656415

Sometimes the OEM edition is BIOS locked, so will only work on the hardware it was shipped with, and if transferred it may not activate! This has been discussed many times on EE see below...

That's always been the issue with OEM licenses, the license is not transferable However if you have in writing from the VENDOR that is not the case, then your okay, and I would liase with their support department how you can do this in the future.

http://www.experts-exchange.com/OS/Microsoft_Operating_Systems/Windows/XP/A_3721-Can-I-transfer-my-OEM-version-of-Windows-to-another-PC.html

https://www.experts-exchange.com/questions/28950405/Virtual-Machine-XP-license-problems.html#a41642367

there is an EE Question here, on this very subject of OEM conversions!

https://www.experts-exchange.com/questions/28950405/Virtual-Machine-XP-license-problems.html#a41642367

and two EE Articles

http://www.experts-exchange.com/OS/Microsoft_Operating_Systems/Windows/XP/A_3721-Can-I-transfer-my-OEM-version-of-Windows-to-another-PC.html

https://www.experts-exchange.com/articles/3218/XP-OEM-and-the-repair-reinstallation-which-disk-do-I-need.html

Author

Commented:
thanks for the response, but i am looking for a definitive yes or no to that particular SKU.

i know some about licensing, and with OEM my answer to myself at the moment is "no it cant be moved", but my distie is telling me otherwise, but i think they are wrong.  i would love to be wrong about this.
VMware and Virtualization Consultant
Fellow 2018
Expert of the Year 2017
Commented:
I would discuss with the vendor then!

if that SKU is OEM - NO.

Send this to the disty, and see what they say....

License Transfers*
OEM Software may NOT be transferred to another machine. Even if the original laptop, PC or Server is no longer in use, or if the software is removed from the original hardware, OEM licenses are tied to the device on which the software is first installed.

Hardware Replacement*
The motherboard is the component that determines whether or not a new Microsoft Windows Desktop Operating System license is required. Motherboard upgrades or replacements require a new operating system license with an identical series motherboard (unless a replacement is for a defect).

Source
http://download.microsoft.com/download/6/a/1/6a1647ee-3fc7-47f2-9afe-470ad5e5d856/oemsoftwarelicensingrulesandrestrictions.pdf

Author

Commented:
i have discussed it with them. they are telling me something i think is not true. hence the question....

Commented:
Definitely OEM. Even if the vendor gave you a written statement it's transferable, it's not valid, since MS has absolutely no knowledge about this.
Not only will the packaging give it away, the pricing is also an indicator. MS Server OEM has always been around 700-900 bucks. Volume licensing will end up around 1200.
Just in case you don't trust the sources online, this is the description of that SKU from my LARGEST (world renowned) vendor, which has such a name to uphold, not correctly naming their MS products is a sin they'd avoid like the plague: Microsoft Windows Server 2019 Standard 64-bit - License - 16 Core - OEM - DVD-ROM - English - PC

Author

Commented:
perfect, thanks for your responses.

Author

Commented:
thanks!
Distinguished Expert 2019

Commented:
Microsoft in their bid to be the #1 software and OS manufacturer has allowed for OEM versions. The major system manufacturers i.e. HP/Dell/Lenovo pay pennies on the dollar for the OEM versions compared to the FPP (Fully Purchased Product).  It is good for them since the OS is tied to the machine it is first activated on. Want to use imaging sorry OEM is strictly forbidden from you imaging a system and deploying the image on other systems.  The HW manufacturers know that if the hardware fails or becomes obsolete you will pay their price for the OEM install.

This has created confusion in the marketplace. People think that they own the license for the OS and can do whatever they want with it. This is so far from the truth that consultants get a bad name because they explain the legal restrictions to the customer and the customer thinks it is a cash grab.

Microsoft at their option may invoke the option in the OEM agreement that because of the reduced price that the OEM vendor Is responsible for all support of the OEM product and Microsoft will not support it.

I HATE OEM software.

Author

Commented:
yes, i think i agree with you. bit peed off with my distie after all the "oh, it will be alright, you can move it " crap they gave me. they lost the order for the more expensive volume license because of that