As long as it's not a copy you need to have in your possession to upgrade to the next upgrade.
Not sure about the hardware bit. If it's OEM, then it needs to be sold with a piece of hardware, but I think it has to be NEW hardware of a certain class.
There's a thread somewhere about this - I'll see if I can find it. It contains moderator comments on what is appropriate for sale at TechIMO.
Cheers
Mick
PS I will find it if the flaky search let's me...