[Am-info] Windows reusability

[Geoffrey]

Some interesting things about the EULA.  Just started an install of 
windows 95 from an OEM cdrom to check it out.  The things I do for this 
list...  Anyway,  I've never paid that much attention to it, but the 
first line of the EULA says:

"This End-User License Agreement ("EULA") is a legal agreement between 
you (either an individual or a single entity) and the manufacture ("PC 
Manufacture") of the computer system ("COMPUTER") with which you 
acquired the Microsoft software product(s) identified above ("SOFTWARE 
PRODUCT" or "SOFTWARE").  If the SOFTWARE PRODUCT is not accompanied by 
a new computer system, you may not use or copy the SOFTWARE PRODUCT."

Two things there.  First, it states it's agreement with the computer 
manufacturer, not Microsoft.  That is news to me.  Second, you clearly 
can not install it on a computer other then the one it came with.

Further interesting info, you can't sell the software, unless it's 
accompanied by the computer:

"Software Transfer.  You may permantly transfer all of your rights under 
this EULA only as part of a sale or transfer of the COMPUTER."

You can't sell someone your windows 95 upgrade and return your machine 
to the previous Windows version (win 3.11..):

"If the SOFTWARE PRODUCT is an upgrade, any transfer must include all 
prior versions of the SOFTWARE PRODUCT."

So, if I want to sell my windows 95 upgrade, I've got to give up my 
win3.11 which came completely separately and at a different time.

Now, I've got an upgrade of Windows 95 cdrom as well, but I'm really not 
in the mood to install win 3.11 and upgrade it.  Maybe another day. 
Might be interesting to compare the win 3.11 EULA...


John Poltorak wrote:
> 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?
> 
> 
> 


-- 
Until later: Geoffrey		esoteric@3times25.net

I didn't have to buy my radio from a specific company to listen
to FM, why doesn't that apply to the Internet (anymore...)?