[Am-info] Windows reusability
John Poltorak
jp@eyup.org
Tue, 5 Mar 2002 14:08:34 +0000
On Mon, Mar 04, 2002 at 09:56:32PM +0000, John Poltorak wrote:
>
> I am aware the Windows EULA says that the license is not transferable,
> but has this been tested under US Law?
> Can anyone give me a Microsoft email address where I can ask them for a
> definitive pointer?
Having looked around Microsoft web site, I did come across a FAQ:-
Is it legal for me to sell software that I have bought and used?
In some circumstances, yes, as long as you follow the terms of transfer
outlined in your license agreement. You may not rent or lease the
software, but you may transfer your rights under the End User License
Agreement (EULA) on a permanent basis provided you transfer all copies of
the software and all written materials, including the original license
agreement and the Certificate of Authenticity (COA) where applicable. For
any valid transfer, the software recipient must agree to the terms of the
EULA. Any transfer must include the most recent product upgrade as well as
any prior versions that you have.
Prior to transferring your software, you must remove all copies of the
product from your computer, including your portable computer, in instances
where a second copy is allowed.
If you want to transfer software that was licensed under a multiple
license pack, you must transfer all the product copies to a single new
owner. Microsoft License Paks cannot be broken up.
Many Microsoft products distributed by original equipment manufacturers
(OEMs) may not be transferred under any circumstances. Check the terms of
the EULA accompanying the OEM products to determine transferability.
Now that looks fairly conclusive to me, even the whole notion of the EULA
seems utterly absurd to me. AFAICS you can transfer your old copy of
Windows onto this brand new Walmart naked PC, unless you have an OEM
EULA which expressly forbids it. As far as the EULA goes, does a copy of
it exist anywhere on a CD so that I can check the wording?
Does anyone have any idea what 'bad things' might happen if a user breaks
the terms of this EULA? Have any such 'bad things' ever happened?
--
John