OEM software, illegal to put it on a computer

[Mercenary Dragon]

Well Shahani I don't think you did anything wrong. I think it says in the Retail EULA that you can sell the original as long as you are no longer using the system. Not sure how that translates into the OEM versions

[ILC]

So then what about my question? How is 9software.com getting away with selling just the OEM OS's?

ILC

Awesome icon, MD. Very high quality. From where?

[RainFire]

The following is a quote form 9softwares site...


Legal Information
You must agree to the following to purchase from our company.

Return Policy:
You have 14 days from receipt of order to return a product. Unopened products carry a 15% restocking fee. Opened products carry a 30% restocking fee. Products received in bad condition will be returned at the sender's expense. If you return an unopened item, we can issue store credit with no restocking fee.
Legal Information/Licensing Compliance:
All products are inspected and certified 100% authentic, and non-counterfeit. Purchaser acknowledges OEM versions are intended for use with new pc hardware and purchaser assumes all liability for compliance with end user restrictions. Purchaser acknowledges Academic versions are for use by students or faculty or educational institutions and accepts responsibility for compliance. Purchaser accepts all responsibility for compliance with manufacturer restrictions.
Phone orders are also bound by these restrictions and purchaser may view a copy of this agreement on our web site at http://www.9software.com/legalinfo.asp.
Product Images:
Images are for display purposes ONLY. They should not be used to determine whether a product is Retail or OEM, for example. Customer should fully read the descriptions to determine if a product is suitable.

Proceeding with order acknowledges customer's acceptance of these terms.


Is that SUPPOSED to make them free of any liability when M$ Kickz thier a**?

[J-Excel]

Modems aren't peripherals? I'd think non-peripheral means your computer won't run without it.

[Richard Cranium]

Rainfire, where did you obtain your legal information leading you to the conclusion that #9 is violating any US laws ?

peripheral, is an "external" component, some sites like Staples used to use that term for internal components.

[Richard Cranium]

Here's a few quotes from MS that may include a bit less "legaleaze"

OEM remarks from Microsoft System Builders Newsgroup

" The Microsoft OEM System Builder Agreement defines a system builder as an original equipment manufacturer, assembler, re-assembler, or software pre-installer of computer hardware systems.
A system builder may preinstall OEM software onto their
internal systems provided that they comply with the terms
of the OEM System Builder Agreement. Also, as a system
builder, you may provide your customer with OEM system
builder software, but again, it must be done in
compliance with the OEM System Builder Agreement. To
review a copy of the Agreement, please visit:
https://oem.microsoft.com/worldwide/509450.asp.
Note that Section 6 allows system builders to distribute OEM
system builder software to other system builders only if
the system builder (your customer in this case) accepts
all of the terms of the OEM System Builder Agreement. <<<-LOOK

If you haven't already, please take a moment to review a
comprehensive group of OEM Licensing Questions and
Answers which are specific to you as a system builder:
https://oem.microsoft.com/worldwide/514341.asp.

Thank you,
The Microsoft OEM System Builder Licensing Team"



What are the main rights and obligations under the Microsoft OEM System Builder Agreement?

Under the agreement, you are authorized to preinstall, distribute, and sublicense Microsoft OEM software as part of your computer hardware package.
You may not advertise or price the Microsoft software separately from the computer hardware. In addition, if you preinstall the OEM software on a fully-assembled computer system the software must be preinstalled using the preinstallation tools, if any, provided with the product or made available separately in the Microsoft System Builder Pack.
The OEM System Builder Agreement

[RainFire]

Well Alllll Righty then.....

I guess that means since I am a Microsoft OEM I can just start selling the software under the pretense that it is the End Users Responsibility to instill it on a new pc and NOT one that I sold him....

Hmmmm something to ponder......

[Richard Cranium]

That was NOT the question.

WHERE did you uncover the info regarding illegal operations by #9 ?

And to answer your Q.
Yes you can transfer "non-installed" operating system and system software to another OEM builder.

Please read->>
Note that Section 6 allows system builders to distribute OEM
system builder software to other system builders only if
the system builder (your customer in this case) accepts
all of the terms of the OEM System Builder Agreement. <<<-LOOK

If you haven't already, please take a moment to review a
comprehensive group of OEM Licensing Questions and
Answers which are specific to you as a system builder:

https://oem.microsoft.com/worldwide/514341.asp.

[Richard Cranium]

Rainfire, If you ARE a MS OEM system builder, than I'm sure you know of the forum there to clear up issues that may concern you.

microsoft.communities.oem.openforum