Windows OEM Not Transferable to New Motherboard
Linked by Thom Holwerda on Fri 17th Feb 2006 12:41 UTC, submitted by jayson.knight
Windows "Microsoft recently made a change to the licence agreement saying that a new motherboard is equal to a new computer, hence you need to purchase a new Windows licence. Here is what Microsoft has to say: "An upgrade of the motherboard is considered to result in a 'new personal computer' to which Microsoft OEM operating system software cannot be transferred from another computer. If the motherboard is upgraded or replaced for reasons other than a defect, then a new computer has been created and the license of new operating system software is required." Please note that this does not go for retail copies of Windows, but only for OEM versions.
E-mail Print r 0   85 Comment(s) http://osne.ws/akp
Thread beginning with comment 96625
To view parent comment, click here.
To read all comments associated with this story, please click here.
RE[3]: Not enforceable in Finland
by peejay on Fri 17th Feb 2006 14:39 UTC in reply to "RE[2]: Not enforceable in Finland"
peejay
Member since:
2005-06-29

A license for a piece of shrink-wrap software, may not be enforcable, in case it puts the user in a worse position than he had reason to believe when he bought the software (the software is in shrink-wrap and he is unable to read the license before buying).

That's not an excuse.

"YOU AGREE TO BE BOUND BY THE TERMS OF THIS EULA BY INSTALLING, COPYING, OR OTHERWISE USING THE PRODUCT. IF YOU DO NOT AGREE, DO NOT INSTALL OR USE THE PRODUCT; YOU MAY RETURN IT TO YOUR PLACE OF PURCHASE FOR A FULL REFUND."

Reply Parent Score: 1

ma_d Member since:
2005-06-29

Remember that last part. And do it whenever you buy a new PC ;) .

Reply Parent Score: 2

RenatoRam Member since:
2005-11-14

Just because some company prints it on paper it does make it true.

The laws of a lot of countries put limit to what a contract can impose on the customer. If a clause is considered vexatory the customer has to agree to it SPECIFICALLY (with ANOTHER signature).

And still (even if a clause was agreed), a judge can rule a clause null because it imposes illegal restrictions no matter what. It happens all the time.

And EULAs are pretty much all void and null in the European Union. Tested in court many times, expecially in Germany.

Reply Parent Score: 5

Tweek Member since:
2006-01-12

I would love to see you get a full refund after you have opened the package and had the oppurtunity to read the EULA...

go ahead. oh wait, catch 22, you cant read the license saying you should return it, until the package is open, where the store wont accept it as a return.

Reply Parent Score: 5

aent Member since:
2006-01-25

For some reason, almost no store actually will accept the product back for this reason. Circuit City, Best Buy, and so on all will charge restocking fees and many places have no return policies, even if you disagree with the license agreement. Manufacturers like Dell don't care if you don't agree to the license, they won't give you a full refund. Also, another problem is that people steal the license key from the box after opening it and try to return it, making it even more difficult for people to disagree with the license agreement. If you try to return it to the place of purchase, chances are you're not getting a full refund.

Reply Parent Score: 1

cerbie Member since:
2006-01-02

"YOU MAY RETURN IT TO YOUR PLACE OF PURCHASE FOR A FULL REFUND"

How will they enforce the refund?

Reply Parent Score: 1