Windows 7 OEM TOS and DIY

Page 2 - Seeking answers? Join the Tom's Hardware community: where nearly two million members share solutions and discuss the latest tech.
Toggle sidebar Toggle sidebar
zolton33

zolton33

Distinguished
Jan 25, 2012
1,056
0
19,360
I think it would be a good idea to let people know that the tos for windows 7 oem is very much against do it yourself builds. By their new standard if you install an oem version of windows you can not upgrade your motherboard and processor and use your windows 7.

http://www.microsoft.com/OEM/en/licensing/sblicensing/pages/licensing_faq.aspx

And it states Q. Can a PC with an OEM Windows operating system have its motherboard upgraded and keep the same license? What if it was replaced because it was defective?
A. Generally, an end user can upgrade or replace all of the hardware components on a computer—except the motherboard—and still retain the license for the original Microsoft OEM operating system software. If the motherboard is upgraded or replaced for reasons other than a defect, then a new computer has been created. Microsoft OEM operating system software cannot be transferred to the new computer, and the license of new operating system software is required. If the motherboard is replaced because it is defective, you do not need to acquire a new operating system license for the PC as long as the replacement motherboard is the same make/model or the same manufacturer's replacement/equivalent, as defined by the manufacturer's warranty.

The reason for this licensing rule primarily relates to the End User Software License Terms and the support of the software covered by that End User Software License Terms. The End User Software License Terms is a set of usage rights granted to the end user by the PC manufacturer and relates only to rights for that software as installed on that particular PC. The system builder is required to support the software on the original PC. Understanding that end users, over time, upgrade their PCs with different components, Microsoft needed to have one base component "left standing" that would still define the original PC. Since the motherboard contains the CPU and is the "heart and soul" of the PC, when the motherboard is replaced (for reasons other than defect) a new PC is essentially created. The original system builder did not manufacture this new PC, and therefore cannot be expected to support it.

As such you would need a full version of windows 7 to be able to upgrade major components. So it does no good to reccomend windows 7 oem to do it yourself pc builders. Its something every one should know before doing a self build. OEM is cheaper but if you upgrade you need tio buy a new oem version for each major upgrade and you would be ahead to buy the full version now as its cheaper if you have to replace defective parts or to upgrade.

http://www.microsoft.com/OEM/en/licensing/sblicensing/Pages/licensing_for_hobbyists.aspx

They also call us hobbyists. >_<
 
Sort by date Sort by votes



Interesting... which makes me wonder what version my friend has, because hes done a recert 3 or 4 times by calling directly to MS... i wanna say 3 total... Im gonna have to give him a buzz tomorrow and quiz him about it
 
Upvote 0 Downvote

That is correct if you decided later to get a better newer mobo by microsofts stance its a brand new pc hence requiring you to get a new oem key to reinstall windows 7 and yes by the same standards you are the builder and as such responsible for your own system. Only thing you'd be entitled to are windows 7 updates.
 
Upvote 0 Downvote
I cant believe I never even thought about quizzing the forum about this... Im glad you started this thread... it instantly caught my eye and has cleared some questions Ive had. I might just start opening my wallet now and start building.

Ive got this brand new HAF 912 Case, an Antec 500 watt PSU, and a Budget HD6670 just itching to be put together but I havent done anything because I wasnt sure the route I would be taking as far as motherboard/processor/OS System.

I think its time for my Old Man check up. my brains been farting here lately. lol
 
Upvote 0 Downvote


He could have either version though if he has had to call MS then I'd lean toward it being an OEM version (as retail versions will normally activate online with no need to call - It just deactivates the previous system license and activates the new one (which is why you need to be careful not to allow someone else access to the license key or be wary if buying a used system since the original owner may still have the key !!)
 
Upvote 0 Downvote



Yeah, Im gonna give him a shout tomorrow and see what he has. This has peaked my interest.

I can definitely appreciate that on the used system part... luckily im one of those who wont buy a complete used system so anything I get is in used parts or new parts or new complete. So either way... I'd still be buying a new OS.
 
Upvote 0 Downvote
I understand what you mean about a long time since building a system. I'm still using my athlon 64 x2 4400+ i built about 6 years ago (and its still in 32 bit windows xp). >_< And i would not have known about the tos if i hadn't went looking around at its features. And the tos may be clear to some but i'm also one of the guilty people that just click accept without reading it lol

I am also planning a new build and was researching os systems. If i did not game as much as i do i'd probably tell microsoft what they could do with windows and go pure linux like most people. But sadly from what i understand linux has alot of problems with games installing and running. Its just a shame there is no law to prevent you being charged twice for a nonconsumable product. But i would guess microsoft is legal in what they are doing although i would call it unethical. Imagine a game company charging you each time you installed their game on a new system. >_<
 
Upvote 0 Downvote
Its on par with the topic really in that it involves do it yourself building and windows oem version and their tos. And you asked questions most other people would ask. so this topic alone helps to give people answers they might be looking for. There should be a sticky in the system builders forums explaining the oem version of windows and its tos to help those building their pc's know their options.
 
Upvote 0 Downvote


lol looks like were in the same boat, friend. I'm running an Athlon 64 x2 3800+ with the 32 bit XP.

My laptops are current, but they are strictly for work. My desktop is a different story.


Yes, Linux does have some problems with games. you end up soending more time troubleshooting than playing. If it was a more mainstream system it would own MS. Its a really great OS.

Over christmas my Radeon x1650 pro died and I had replaced it with the XFX HD6670 because it was a cheap $64 and came with a free game which my kiddo enjoys.

In doing so, I decided... it was time to build a new system.

Someone gave me an old Gateway 4200-09 that has the Phenom x4 9150e which was bare... only mother board, case and processor.

I went and bought memory for it... shoved everything from this HP in it just to see if it booted... and it booted all the way to the recert screen.

I debated a couple of days and decided to just go all out on a new build... so i took the memory back and exchanged it for a new HAF 912 case and ready to shove stuff in it. lol
 
Upvote 0 Downvote


I just didnt want ya to think I was hogging... i just never thought to ask here... it just slipped my mind. When I saw your post... I was like... "now we're talkin" lol
 
Upvote 0 Downvote
lol i decided to do a rebuild since i noticed how far behind my pc is. My motherboard runs a bit hot sometimes causing my monitor to go black for a few seconds then coming back (i'm using my on board geforce 6100 built into my motherboard) lol

Seems to be my northbridge getting hot and causing it. I think i'll stick a cheap (under 50.00) video card in it to let this one live a while longer but my new build i want to do from the ground up. The phenom chips are still considered some what new and are known as the higher class of amd processors.

I'm debating going intel or waiting to see if amd does better with the new upcoming cpus the pile driver (where is amd getting their names? wrestling fans much i wonder?) the fx chips seem to be terrible (the bulldozer) So i'm on the fence. Technicly this is my second build my first was an intel and a plastic lever to hold the heat sink down melted and fried my first build (i learned then to research parts better lol) But first need to get the wife a pc so we are not scrambling to see who gets on first >_<
 
Upvote 0 Downvote
Yeah and its something every pc do it yourself person should know. But its not really brought up much. I may just buy the upgrade it comes with both 32 and 64 windows 7 upgrade and windows xp to windows 7 qualifies so it be alot cheaper over all. I'm just unsure how the tos handles moving your windows xp to a new system then upgrading works.

Is it considered a full new version? (installing windows 7 upgrade from windows xp you have to do a custom install which is a full new install wiping everything out you can upgrade regulary but if you choose that option windows 7 becomes bothersome) Theres alot more reading for me to do and in 2014 with windows 8 it starts all over again >_<
 
Upvote 0 Downvote
Lol at the wrestler names...

Yeah, Im like you... Ive been on the fence about AMD since ive started researching. Mainly what processor to go with... and how to handle to OS situation since rules have changed so much.

I will build an AMD box... not because Im a fan or anything... shoot one of my laptops is an intel and one is a Mac OS... so it has nothing to do with being a fan... I just prefer an AMD desktop because I tend to get carried away with soldering irons and tinker a bit and have been know to screw things up and AMD is a cheaper toy to play with. Plus I tend to stick with the little guy so i can help fund the idea of not seeing a company like intel become a monopoly. if that makes any sense. lol

Its funny for me, I never noticed how far behind I was till I was walking through an electronics store and started seeing heat sinks on motherboard chipsets. something ive been doing myself well before the motherboard companies started doing it.

I tinker with electronics alot... so ill experiment with things till I screw em up.

If you get a card... that xfx hd6670 is a great budget card... im having good fun with it. I play mostly source engine games, the Guild Wars series and a few driving sims. Nothing too major.
 
Upvote 0 Downvote



thats what Im not sure about with all the changes to TOS. Its one of the main reasons I didnt combine the Gateway and HP together into one just to get by.

But it seems as though ill just go ahead and get a new OEM OS then begin the trail from there.
 
Upvote 0 Downvote
Yeah i like amd chips mine has been running almost entirely 24/7 365 days a year for 6 years. Not many cpus or builds can boast that lol And the amd athlon 64 x2 i have is still considered a mid level cpu 0_0 I'm seriously considering a phenom x4 or x6. I may even go with a bulldozer chip (windows 7 doesn't really play nice with it and has not started using it to its best yet but we are promised its in the works by microsoft as an update and windows 8 is boasting to really take advantage of them)

When i game i generally do not look at or care about fps. All i care about is if i'm going to lag and if it will run smoothly. And almost any of the new chips will do that lol I'm actually gonna get http://www.tigerdirect.com/applications/searchtools/item-details.asp?EdpNo=149617&pagenumber=2&RSort=1&csid=ITD&recordsPerPage=5&body=#ReviewStart Some old pci express slots do not play nice with 2.1 cards and most of the newer ones are all 2.1 I'm so behind on products and operating system ram (can now use more then 4 gigs woohoo!!!) cpus mother boards and cases power supplies graphics cards i feel my head is gonna crack open and little sticks of ram are gonna start leaking out.

Its just a shame microsoft is going down the path they are. But give it a few more years and linux might atually be considered the better product. They get games running perfectly i'll jump ship just on the principal of what they are doing and how they are doing it.
 
Upvote 0 Downvote

I wouldn't if you have windows xp to install. I'd just do a fresh install in the new system then install the upgrade. Its a little bit cheaper then an oem version in some places.
 
Upvote 0 Downvote
"mine has been running almost entirely 24/7 365 days a year for 6 years"

Mine also... its been shut down only on vacations. lol

We both are in the same boat... I didnt even realize we had progressed into solid state hard drives... lol

There is so much to take in to catch up on... I almost said the heck with it and was going to purchase a system from ibuypower.com then was like... where is the fun in that? lol

this HP im on is the first store box ive ever bought... i was touring heavily and didnt have time to build so i just bought a store computer and said the heck with it. ive always built em or salvaged oems and put them together into my own oem. which can be easy or one heck of a pain in the butt to do.

Zolton, great to talk with ya this evening... but the bed is calling my name sir....

Dont be a stranger... im sure well run into more conversations on here as i plan to be a regular here.

Have a good evening friend.

 
Upvote 0 Downvote
Same here good night i'm probly going to search windows 7 a bit more to check the versions out so when i do a build i know full well what to expect from the operating system. I also plan to be a regular though will probably disapear a while after my new pc is built to game but during server maintenence you can bet i'll be here lol
 
Upvote 0 Downvote
Yeah the TOS for the Upgrade versions makes things even a bit more complex -- According to MS's TOS the upgrade versions are for any full version of XP or Vista (they do not define Full version so it could be taken to mean any activated license or could be interpreted as only Retail versions as OEM versions could be considered not "Full versions" so it is also debated. Since once you upgrade the TOS says that the combined license becomes a Retail License and is useable on new systems (figure since you are combining in essence 2 licenses to create the final it should be considered retail but some people argue that you can not upgrade an OEM license to get a retail licensed upgrade)

When Upgrading from XP to Win7 you have to use the custom option as win7 does not support in place upgrades from XP to WIN7 so the HDD must be formatted and then a Clean install of win7 done from the upgrade media ( Microsoft has a video tutorial and guide that walks you through the process - HERE - which also details how to get things ready for the upgrade (like ensuring all of your Hardware is compatible and will work and backing up important files before doing it)

Some people run into problems getting the activation to work properly after using the upgrade media to do a clean install but coming from XP it is the only way to do it so calling MS activation support will get it done (you just need to provide the key code from the existing XP license and the key code for the Upgrade and they will provide you with a valid response code to type in to activate it.) -- Sometimes it will auto activate still but many times it requires a phone call so do not be worried if at first it does not automatically activate !
 
Upvote 0 Downvote
Yeah the licenses get more then a little fuzzy when it comes to the upgrading. I'm also concerned by this http://www.microsoft.com/oem/en/licensing/sblicensing/pages/licensing_for_hobbyists.aspx Notice how it does not specify what version of windows this is for? From my understanding they are also including windows xp oem to that list as well as stated on the CNET forums http://forums.cnet.com/7723-6142_102-374254/note-windows-oem-licensing-terms-have-changed/?tag=contentBody;threadListing

Now this is where it gets quite grey. How can they change a tos for an existing product that has been out for a long time and the tos is not included in the original oem disk or on its packaging? The user installing the windows xp version of oem would have no clue of this tos unless it was shown to them. Installing windows xp does not bring you to that tos even after updated.

It would be nice to have this clarified. As well as for system builders for profit and the replacement of motherboards and cpus that are out dated and hence have to be upgraded to stand by a waranty. Do they then have to purchase a new oem to replace the hard ware? If so then the over all costs for the system builder would really punish their customers. Costs of most motherboards? 100.00 (at the least for a decent one) And 150.00 cpu (you could probably go as cheaper but probably be downgrading your clients pc) Add to that the extra 100.00 for a new oem and you are at around 350.00.

The cost of the low end of most major pc manufacturers (i've seen even big name companies selling refurbished and out dated stock around that price range alot) And how pleased will their client be to be told :

"Sorry but to fix it i need to replace your motherboard and they do not make that one any more so i would need to upgrade it "

Customer thinks that is awesome until

"As well as the processor and microsoft considers that a new pc and as such would require a new oem version of windows costing over 350.00 not including labor" (or ram as they would need ram more then likely as the ram for the older board may no longer be made)

I do not see how even pc builders would be pleased by the news that oem licenses now work that way. The new tos is nothing more then a new way to stick it to the little guys (the do it yourself the pc builder for profit as well as the customers of pc builders) Do you honestly think they have big name companies jumping through these same hoops and putting out these same costs as well as paying the same price as most pc builders and do it yourself people for the oem? If so i have some prime beach front property to sell you in Arizona. >_<
 
Upvote 0 Downvote



Yeah and the sad thing is that most are unaware :pfff: Some interesting reads here:

http://www.zdnet.com/blog/bott/is-it-ok-to-use-oem-windows-on-your-own-pc-dont-ask-microsoft/1561

http://www.zdnet.com/blog/bott/oem-licensing-confusion-starts-at-microsoftcom/535

http://blogs.msdn.com/b/mssmallbiz/archive/2007/02/18/oem-microsoft-software-clarifications-plus-if-it-s-labeled-oem-you-should-stay-away-from-that-neil-macbride-of-the-bsa-business-software-alliance-about-buying-software-online.aspx

http://www.zdnet.com/blog/bott/seven-perfectly-legal-ways-to-get-windows-7-cheap-or-even-free/1533?tag=rbxccnbzd1

http://www.zdnet.com/blog/bott/windows-7-deals-harder-to-find-but-still-there-if-you-look/1950?tag=rbxccnbzd1

http://www.zdnet.com/blog/bott/what-microsoft-wont-tell-you-about-windows-7-licensing/1514

http://www.winsupersite.com/article/win7/no-oem-for-you-windows-7-oem-packaging-is-not-for-individuals

And it still continues to remain confusing as all the experts are even confused.

Now lets look at it a bit:

DIY buys oem for 100 bucks sounds cheap right? But those who buy pc's from the big companies get not only free full versions on their systems but also get tech support from them for free. DIY have to rely on sites like here and themselves for support. Those getting builds from a system builder also get support from their builder. So DIY are basically getting the software and wished the best of luck. And now they are told they have to pay twice the costs in most circumstances and still wished the best of luck? Microsoft is still getting their cash regardless as most DIY do not pirate the software. They BUY IT FOR PERSONAL USE Its just a shame they are being so shady.
 
Upvote 0 Downvote
You must log in or register to reply here.

TRENDING THREADS

Latest posts

Moderators online

Share this page

COMPANY
RESOURCES
FOLLOW
Top Bottom