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Does Win10 OEM license get voided when downgrading with Open License software?

I have a company that has approached me to help them upgrade about 25 computers. My question is in regards to licensing. The original computers were purchased from HP about 4 years ago with Windows 10 Pro 64bit factory installed. When they got them, they downgraded them to Windows 7 Pro 32bit with Microsoft Open License they purchased from Microsoft. They have to use 32bit because of a legacy app that they still use.
If they upgrade to Windows 10 Pro 32bit on each machine, obviously we will have to purchase it from Microsoft as an Open License. I know what they are going to ask me so I want to ask before they do: Putting the machine back to Windows 10 will have to be a "customer purchase" because they voided the OEM license by downgrading with a Open License, and moving to 32bit, correct? I just want to be specific in my answer to them as I am sure they will get a second opinion. I think they are of the opinion the license should be free to go back to Windows 10.

Thanks for your help.
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Jackie Man IT Manager
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Distinguished Expert 2019

Commented:
What was the purpose of purchasing open licence? For imaging rights?

If yes, you need to purchase the upgrade to win 10 Pro.

If no, you can contact the manufacturer of the computer to get the USB media for Factory Image Restore and your win 10 Pro OEM licence will be valid if you are using the correct media to do a factory reset, not an upgrade from win 7 Pro.
KimputerIT Manager
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Commented:

No need to get the correct media, just use the Media Creation Tool.   https://www.microsoft.com/nl-nl/software-download/windows10

When you install it by clicking it through (don't enter key, actually, no window will ever come up), you'll end up with a clean install, that will automatically be ACTIVATED successfully when you go online.

I'm not aware of any voidance of you OEM rights. Read it all here, no mentioning of voiding your license by downgrading it:

https://www.microsoft.com/en-us/Useterms/OEM/Windows/10/UseTerms_OEM_Windows_10_English.htm

Thomas AnthonySecurity Administrator

Author

Commented:
They can't go back with original as the original is 64bit. They are still required to use 32bit. So it is your opinion that they can go back to Windows 10 (by using the Windows creation tool) for no additional cost of licensing?
IT Manager
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Commented:

The original install may have been 64-bit, but the OEM license is for WIn10 Pro.

See, I said Win10 Pro.

I didn't say anything else, because that's the fact. You didn't get the license for 64 bit, you just got it as an install from the factory. You have the right for Win10 Pro. So yes, the media creation tool (be sure to force the 32-bit version), will take care of it all.

Thomas AnthonySecurity Administrator

Author

Commented:
Thank you guys for such a quick response to my questions. I am grateful for your help and attention to my needs.
Lee W, MVPTechnology and Business Process Advisor
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Most Valuable Expert 2013

Commented:
While I completely agree with what Kimputer said, I want to point out:

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License information provided here is "best efforts".  The comments of the respondents are based on interpretation of the license agreements and their knowledge of the particular laws and regulations in their geographic location.  Laws in your location may invalidate certain aspects of the license and/or licenses can change.  (For example, at least one major nation's laws allow OEM licenses to be transferred to new hardware). "They told me on Experts-Exchange" will not be a valid excuse in an audit.  You need to contact the license granting authority to confirm any advice offered here.