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Vanguard
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 Posted: Mon Jul 09, 2007 9:42 pm Post subject: Re: re-installing |
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"Ken Blake, MVP" <kblake@this.is.am.invalid.domain> wrote in message
news:aa75931tqq4jkghgivcscjtjaedlekfqfn@4ax.com...
| Quote: | On Mon, 9 Jul 2007 15:15:25 -0500, "Vanguard" <no@mail.invalid> wrote:
"Gordon" wrote in message
news:%23PlIi$jwHHA.484@TK2MSFTNGP06.phx.gbl...
"Ken Blake, MVP" wrote ...
John@discussions.microsoft.com> wrote:
my question is it brought a medium size
chip or hardware as they call it
But I'm lost here. I don't know what you mean. Can you elaborate?
do i have to install this hardware
What hardware?
I suspect the OP has been sold an OEM copy with a chip of some sort
as
"qualifying hardware"
So if it was an OEM version purchased with qualifying hardware, and
from
I've seen in the EULA, doesn't that qualifying hardware have to
become
incorporated into the computer in which the OP wants to use that OEM
version of Windows?
Nope. The EULA does not say that.
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"The term "COMPUTER" as used herein shall mean the HARDWARE, if the
HARDWARE is a single computer system, or shall mean the computer system
with which the HARDWARE operates, if the HARDWARE is a computer system
component."
"Except as otherwise expressly provided in this EULA, you may install,
use, access, display and run only one (1) copy of the SOFTWARE on the
COMPUTER."
Sure looks like the [qualifying] HARDWARE used to purchase the OEM
version of Windows must be *in* the COMPUTER in which that HARDWARE
operates. A drive cable or chip with the license of Windows won't be
running that copy of Windows all by itself. The qualifying hardware is
supposed to get put into the computer in which Windows will then
function. In addition, and was pointed out by another MVP:
"The SOFTWARE is licensed with the COMPUTER as a single integrated
product and may only be used with the COMPUTER."
Before I read that, I figured the Windows licensed remain tied to the
qualifying hardware which meant that I could move that license of
Windows to another box (i.e., wipe from one box and install on another
as long as the qualifying hardware moved, too). I had thought the
license wouldn't get usurped by the computer once the qualifying
hardware, as the system component, got installed in a computer. The
above means the license does move from the qualifying hardware to the
COMPUTER (which, again, the definition of which is *with* the qualifying
hardware installed into that computer).
Yeah, the OP must install the chip per the license requirement but
obviously probably shouldn't. It's probably non-working junk. It isn't
the buyer's fault that the seller defrauded their OEM reseller contract
with Microsoft. |
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| Posted: Mon Jul 09, 2007 9:42 pm Post subject: Advertisement |
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Ken Blake, MVP
Guest
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| Posted: Mon Jul 09, 2007 11:40 pm Post subject: Re: re-installing |
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On Mon, 9 Jul 2007 16:42:24 -0500, "Vanguard" <no@mail.invalid> wrote:
| Quote: | "Ken Blake, MVP" <kblake@this.is.am.invalid.domain> wrote in message
news:aa75931tqq4jkghgivcscjtjaedlekfqfn@4ax.com...
So if it was an OEM version purchased with qualifying hardware, and
from
I've seen in the EULA, doesn't that qualifying hardware have to
become
incorporated into the computer in which the OP wants to use that OEM
version of Windows?
Nope. The EULA does not say that.
"The term "COMPUTER" as used herein shall mean the HARDWARE, if the
HARDWARE is a single computer system, or shall mean the computer system
with which the HARDWARE operates, if the HARDWARE is a computer system
component."
"Except as otherwise expressly provided in this EULA, you may install,
use, access, display and run only one (1) copy of the SOFTWARE on the
COMPUTER."
Sure looks like the [qualifying] HARDWARE used to purchase the OEM
version of Windows must be *in* the COMPUTER in which that HARDWARE
operates.
|
Sorry, I don't see anything in those two paragraphs that says that to
me.
| Quote: | A drive cable or chip with the license of Windows won't be
running that copy of Windows all by itself. The qualifying hardware is
supposed to get put into the computer in which Windows will then
function. In addition, and was pointed out by another MVP:
"The SOFTWARE is licensed with the COMPUTER as a single integrated
product and may only be used with the COMPUTER."
Before I read that, I figured the Windows licensed remain tied to the
qualifying hardware which meant that I could move that license of
Windows to another box (i.e., wipe from one box and install on another
as long as the qualifying hardware moved, too). I had thought the
license wouldn't get usurped by the computer once the qualifying
hardware, as the system component, got installed in a computer. The
above means the license does move from the qualifying hardware to the
COMPUTER (which, again, the definition of which is *with* the qualifying
hardware installed into that computer).
Yeah, the OP must install the chip per the license requirement but
obviously probably shouldn't. It's probably non-working junk. It isn't
the buyer's fault that the seller defrauded their OEM reseller contract
with Microsoft.
|
--
Ken Blake, Microsoft MVP Windows - Shell/User
Please Reply to the Newsgroup |
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Vanguard
Guest
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| Posted: Tue Jul 10, 2007 6:49 am Post subject: Re: re-installing |
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"Ken Blake, MVP" wrote in message
news:cph593tenvo0f54oqafp3gcsc23tj5cs5f@4ax.com...
| Quote: |
"Vanguard" wrote:
"The term "COMPUTER" as used herein shall mean the HARDWARE, if the
HARDWARE is a single computer system, or shall mean the computer
system
with which the HARDWARE operates, if the HARDWARE is a computer
system
component."
"Except as otherwise expressly provided in this EULA, you may
install,
use, access, display and run only one (1) copy of the SOFTWARE on the
COMPUTER."
Sure looks like the [qualifying] HARDWARE used to purchase the OEM
version of Windows must be *in* the COMPUTER in which that HARDWARE
operates.
Sorry, I don't see anything in those two paragraphs that says that to
me.
"The SOFTWARE is licensed with the COMPUTER as a single integrated
product and may only be used with the COMPUTER."
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So rephrase the 1st paragraph to get rid of all the commas to eliminate
pending clauses along with focusing on just the qualifying HARDWARE used
to get the OEM license:
"If the HARDWARE is a computer system component then the term COMPUTER
shall mean the computer system in which the HARDWARE operates".
The qualifying hardware is the system component; i.e., the hardware is
supposed to go into the computer in which the license of Windows get
used. Hardware that sits disconnected while sitting in a drawer
somewhere is not a system component of the COMPUTER. In the other
paragraph of:
"The SOFTWARE is licensed with the COMPUTER as a single integrated
product and may only be used with the COMPUTER."
the "as a single integrated product" applies against COMPUTER, not
SOFTWARE. |
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Bruce Chambers
Guest
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| Posted: Tue Jul 10, 2007 4:14 pm Post subject: Re: re-installing |
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Ken Blake, MVP wrote:
| Quote: | On Mon, 9 Jul 2007 15:15:25 -0500, "Vanguard" <no@mail.invalid> wrote:
"Gordon" wrote in message news:%23PlIi$jwHHA.484@TK2MSFTNGP06.phx.gbl...
"Ken Blake, MVP" wrote ...
John@discussions.microsoft.com> wrote:
my question is it brought a medium size
chip or hardware as they call it
But I'm lost here. I don't know what you mean. Can you elaborate?
do i have to install this hardware
What hardware?
I suspect the OP has been sold an OEM copy with a chip of some sort as
"qualifying hardware"
So if it was an OEM version purchased with qualifying hardware, and from
I've seen in the EULA, doesn't that qualifying hardware have to become
incorporated into the computer in which the OP wants to use that OEM
version of Windows?
Nope. The EULA does not say that.
|
Actually, Ken, I think it does say that, in a non-direct way:
"SOFTWARE PRODUCT LICENSE
"The term "COMPUTER" as used herein shall mean the HARDWARE, if
the HARDWARE is a single computer system, or shall mean the
computer system with which the HARDWARE operates, if the
HARDWARE is a computer system component.
1. GRANT OF LICENSE. Manufacturer grants you the following
rights, provided you comply with all of the terms and
conditions of this EULA:
* Installation and Use. Except as otherwise expressly
provided in this EULA, you may install, use, access,
display and run only one (1) copy of the SOFTWARE on
the COMPUTER."
--
Bruce Chambers
Help us help you:
http://dts-l.org/goodpost.htm
http://www.catb.org/~esr/faqs/smart-questions.html
They that can give up essential liberty to obtain a little temporary
safety deserve neither liberty nor safety. -Benjamin Franklin
Many people would rather die than think; in fact, most do. -Bertrand Russell |
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Bruce Chambers
Guest
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| Posted: Tue Jul 10, 2007 4:16 pm Post subject: Re: re-installing |
|
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Vanguard wrote:
| Quote: |
Yeah, the OP must install the chip per the license requirement but
obviously probably shouldn't. It's probably non-working junk. It isn't
the buyer's fault that the seller defrauded their OEM reseller contract
with Microsoft.
|
I agree with your reading of the EULA, but I somehow doubt the eBay
seller has any sort of reseller contract with Microsoft....
--
Bruce Chambers
Help us help you:
http://dts-l.org/goodpost.htm
http://www.catb.org/~esr/faqs/smart-questions.html
They that can give up essential liberty to obtain a little temporary
safety deserve neither liberty nor safety. -Benjamin Franklin
Many people would rather die than think; in fact, most do. -Bertrand Russell |
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Ken Blake
Guest
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| Posted: Wed Jul 11, 2007 12:57 am Post subject: Re: re-installing |
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"Bruce Chambers" <bchambers@cable0ne.n3t> wrote in message
news:OHM9i1wwHHA.2304@TK2MSFTNGP06.phx.gbl...
| Quote: | Ken Blake, MVP wrote:
On Mon, 9 Jul 2007 15:15:25 -0500, "Vanguard" <no@mail.invalid> wrote:
"Gordon" wrote in message news:%23PlIi$jwHHA.484@TK2MSFTNGP06.phx.gbl...
"Ken Blake, MVP" wrote ...
John@discussions.microsoft.com> wrote:
my question is it brought a medium size
chip or hardware as they call it
But I'm lost here. I don't know what you mean. Can you elaborate?
do i have to install this hardware
What hardware?
I suspect the OP has been sold an OEM copy with a chip of some sort as
"qualifying hardware"
So if it was an OEM version purchased with qualifying hardware, and from
I've seen in the EULA, doesn't that qualifying hardware have to become
incorporated into the computer in which the OP wants to use that OEM
version of Windows?
Nope. The EULA does not say that.
Actually, Ken, I think it does say that, in a non-direct way:
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Well, I've read both your message and Vanguard's subsequent one, and I
still don't agree.
However I think it makes very little practical difference, and it's not
worth arguing about. That goes double today, because I'm on vacation this
week and have very little time for newsgroups. So I'll bow out of this
discussion now and hope that we can all agree to disagree about this.
--
Ken Blake - Microsoft MVP Windows: Shell/User
Please reply to the newsgroup |
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Vanguard
Guest
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| Posted: Wed Jul 11, 2007 6:17 am Post subject: Re: re-installing |
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"Ken Blake" wrote in message
news:utRLlZ1wHHA.4548@TK2MSFTNGP03.phx.gbl...
| Quote: | Well, I've read both your message and Vanguard's subsequent one, and
I still don't agree.
However I think it makes very little practical difference, and it's
not worth arguing about. That goes double today, because I'm on
vacation this week and have very little time for newsgroups. So I'll
bow out of this discussion now and hope that we can all agree to
disagree about this.
|
Well, I disagree on agreeing that we disagree and ...
Have a good vacation. |
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Ken Blake
Guest
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| Posted: Wed Jul 11, 2007 10:20 pm Post subject: Re: re-installing |
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"Vanguard" <no@mail.invalid> wrote in message
news:%23eS$pM4wHHA.3636@TK2MSFTNGP05.phx.gbl...
| Quote: | "Ken Blake" wrote in message news:utRLlZ1wHHA.4548@TK2MSFTNGP03.phx.gbl...
Well, I've read both your message and Vanguard's subsequent one, and I
still don't agree.
However I think it makes very little practical difference, and it's not
worth arguing about. That goes double today, because I'm on vacation this
week and have very little time for newsgroups. So I'll bow out of this
discussion now and hope that we can all agree to disagree about this.
Well, I disagree on agreeing that we disagree and ...
Have a good vacation.
|
LOL! Thanks.
--
Ken Blake - Microsoft MVP Windows: Shell/User
Please reply to the newsgroup |
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