Windows OEM...Must Purchase with Hardware

[jsanchez]

Why must Windows OEM be purchased with hardware? My friend asked me this and I had no answer for him. He has a comp. which had Win2K "hot" installed so he wiped the system and wanted to make his PC legitimate by purchasing WinXP Home.

[sdkfz]

Mianly because the version OEM is supposed to be bought by shops putting together pc's, by following the letter of the rule, many places will sell you OEM products if you buy hardware to build a pc.

The intent of the rule is that you buy all/most of what you need to build a pc, but as a recent purchaser of win xp home (in fact it is installing right now behind me) I was able to get it for $93 from newegg with a new $20 usb 2.0 pci card as the hardware. I believe that even a simple $2.00 cable will suffice to meet the letter of the rule but I am going to be getting a microtek 5900 scanner soon and it is usb 2.0 so the card was needed anyway.

Two things that the OEM version of windows does not have:

1) you must do an full install, no 'upgrade from' install option is given (because it is a new machine right?)
2) You do not get microsoft support, the seller of the 'pc' with the software installed provides the support, given the knowledge base in MS and the wonderful people here I should not think that you would ever be hurt by this exclusion.

[jsanchez]

it is not a new machine, it was built a few months ago. had win2k, but not anymore. hd was formatted.

let me get this straight, if i were to buy a round ide cable, for instance, that would count toward hardware? So if he were to buy windows xp home oem and a round ide cable, that meets the requirement for the hardware part?

[Alienware_Dude]

That's a little in the grey area, but I suppose an IDE cable would count as 'hardware'. At NewEgg, if you buy an OEM copy of XP, or an OEM keyboard/mouse, you can just get, say, a floppy drive or something to count as hardware.

[smokealotapotimus]

It really depends on where you buy it from I guess. Some places are probably a little more "loose" when it comes to the rules. If you get real lucky maybe they will sell to you if you buy a case screw or something.

[Alienware_Dude]

Or maybe a standoff.

[jsanchez]

sounds good...i'll try for a cable...if not, i'll go ahead and get the floppy and xp...

[Tuf]

The rules about what constitutes a hardware purchase have changed. No longer does a case screw qualify but they are still pretty liberal. Contact the site you plan to purchase from and ask them what you need to purchase to qualify.

[calmius]

People sell OEM Windows XP on ebay all the time. What they do is they say "We're giving you free mouse" or free piece of USB cable. And that's how I bought it, that's how everyone can buy it. That is considered "buying with hardware"

[Tuf]

A piece of USB cable doesn't meet Microsoft's criterion for hardware. But I have never heard of them killing keys for it. It's the merchant they will punish. They'll just charge em for retail copies.

[Nuclear Krusader]

Windows can be sold with any piece of *elemental* computer hardware (a floppy drive, a stick of ram).

But Office XP can *only* be sold with a full machine.

[sdkfz]

My total purchase at newegg was
15-116-403 ADD ON|GWC UC-160 5port USB2PCI Ret $20.00
26-125-003 KENSINGTON OPTICAL ELITE RTL $29.99
37-102-014 CD MS|WINDOWS XP HOME EDITION SR1% $93.00
Please Note CD keys are listed on the outside of the plastic wrap accompanying your product.

37-102-015 S/W MS|WINDOWS XP PROFESSIONAL SR1% 143.00
Please Note CD keys are listed on the outside of the plastic wrap accompanying your product.


I do agree that the cable/screw idea is pushing the limits, I think that there generally could be something that we could use that is either cheap or nice to have as a back up (say a PCI vid card for testing) that would keep the rule from being abused so much that MS gets tough

[glc]

Newegg is even pushing it - my distributor won't sell me OEM Windows unless I buy at LEAST a motherboard, hard drive, or CPU.

[sam21]

^ wow that's kinda harsh isn't it?They won't even let you slip with a floppy

[glc]

If they really wanted to play by the rules, they could make me buy enough parts to build a functioning computer.

[jamesrpm]

Copied from Newegg's policy page FAQ,

item must be purchased with hardware

"These items may not be purchased without another non-software item from our store. Any non-software item in our on-line store will be sufficient. There are no minimum dollar requirements or specific hardware requirements."

[glc]

MICROSOFT OEM SYSTEM BUILDER AGREEMENT

1. AUTHORIZED DISTRIBUTION AND ACCEPTANCE
PLEASE READ THIS AGREEMENT CAREFULLY. DISTRIBUTION OF INDIVIDUAL SOFTWARE UNITS (DEFINED BELOW) OR MICROSOFT HARDWARE CONTAINED IN THIS PACKAGE IS NOT AUTHORIZED UNLESS YOU ACCEPT THE TERMS AND CONDITIONS OF THIS AGREEMENT. YOU ACCEPT THE AGREEMENT WHEN YOU OPEN THIS PACKAGE! SOFTWARE UNITS OR MICROSOFT HARDWARE CANNOT BE RETURNED AFTER THIS PACKAGE IS OPENED.
2. PARTIES
This agreement is between Microsoft Licensing, Inc. (“MS”), a Nevada, U.S.A. Corporation and you, provided that you are an original equipment manufacturer, assembler, re-assembler or software pre-installer of computer hardware systems (“System Builder”). If you are not a System Builder and if you do not elect to accept all terms of this agreement by opening this package, you should promptly return the unopened package to the distributor from whom you obtained it. This agreement cannot be accepted by any person or entity other than a System Builder.
3. DISTRIBUTION LICENSE ONLY
This is a limited license to distribute the Software Units or Microsoft hardware with the associated components and documentation enclosed in each Software Unit or with each hardware item in this package (including, without limitation, a Certificate of Authenticity label as described in section 9). Software Unit means any one of the software programs in this package along with its associated components and documentation (including, without limitation, manuals, Certificates of Authenticity and media).
4. SOFTWARE DISTRIBUTION
4.1. If the enclosed Software Unit includes a Microsoft desktop operating system program, MS grants to you a non-exclusive right to distribute each Software Unit, provided it is distributed accompanied with either a fully assembled computer system or non-peripheral computer hardware component. A fully assembled computer system shall consist of at least a central processing unit, a motherboard, a hard drive, a power supply and a case.
4.2. If the enclosed Software Unit includes a Microsoft application or server program, MS grants to you a non-exclusive right to distribute each Software Unit, provided it is distributed to the end user accompanied only with a fully assembled computer system.
4.3. Each Software Unit may only be distributed to an end user pursuant to the end user license agreement that accompanies the Software Unit.
5. HARDWARE DISTRIBUTION
If this package contains Microsoft hardware, you may only distribute such hardware with a fully assembled computer system or other non-Microsoft computer hardware component. If you distribute Microsoft hardware included in this package with a fully assembled computer system, you must preinstall the associated software drivers and programs provided in this package for such hardware, if any, on the hard drive of the fully assembled computer system. If any hardware distributed to you is Microsoft hardware, it has been or will be at the time of shipment certified as a Class B computing device pursuant to the rules of the U.S.A. Federal Communications Commission (“FCC Rules”). Except as expressly set forth in the preceding sentence, neither MS, its affiliates nor its distributors or suppliers makes any warranty regarding compliance of such hardware with any FCC Rules or any other federal, state or local laws or regulations, or the laws or regulations of any non-U.S. jurisdiction, relating to computing devices or items sold to the public. You have the sole responsibility to test and certify the hardware in conjunction with other equipment that you manufacture, distribute or sell.
6. OTHER SYSTEM BUILDER DISTRIBUTION
MS grants to you a non-exclusive right to distribute the Software Units or Microsoft hardware in this package to another System Builder only if that System Builder accepts all the terms of this agreement. To facilitate such acceptance, a digital copy of this agreement is posted at www.microsoft.com/oem/. Upon demand by MS, if you distribute Software Units or Microsoft hardware to a System Builder you shall provide to MS competent proof that the System Builder accepted all of the terms and conditions of this agreement.
7. NO REVERSE ENGINEERING
You may not reverse engineer, decompile or disassemble any Software Unit or Microsoft hardware except as permitted by applicable law without the possibility of contractual waiver.
8. PREINSTALLATION REQUIREMENT
If the Software Unit includes a Microsoft desktop operating system program and you distribute it with a fully assembled computer system, you must preinstall the Microsoft desktop operating system program on the hard drive of the fully assembled computer system, with such preinstallation limited to one copy of each software program per Software Unit in this package, if any. Regardless of the type of Microsoft software program included with the Software Unit, if you preinstall the software program on a fully-assembled computer system, you must use the preinstallation software or tools provided in this package, if any. MS grants to you the non-exclusive right to use the preinstallation software or tools provided in this package, if any. You may not distribute, copy or modify the separate OEM Preinstallation Kit CD or OPK instructions provided in this package, if any. For updates regarding OEM preinstallation tools and support, see www.microsoft.com/oem/.
9. PLACEMENT OF CERTIFICATE OF AUTHENTICITY (COA) LABEL
If the Software Unit includes a Microsoft desktop operating system program, the System Builder who supplies the Software Unit with the fully assembled computer system must remove the COA label backing and adhere the COA label to the exterior of the fully assembled computer system case in an easily accessible location.
10. END USER SUPPORT
The System Builder who supplies the Software Unit with the fully assembled computer system must provide end user support for the Software Unit. Such support to the end user must be at least as favorable as the terms under which the System Builder provides end user support for any fully assembled computer system. The System Builder providing the support must place its support phone number conspicuously in the fully assembled computer system help files or end user documentation materials.
11. DISCLAIMER OF ALL WARRANTIES
MS, its affiliates and their distributors (and their suppliers) disclaim all warranties and duties of any kind whatsoever, whether express or implied, including, without limitation, those for defects in media or materials, non-infringement, interference of enjoyment, title, fitness for a particular purpose, merchantability, workmanlike effort and/or lack of negligence.
12. LIMITATION OF LIABILITY
You agree that MS, its affiliates and their distributors (and their suppliers) will not be liable for any damages under this agreement or any transaction contemplated herein, including for any consequential, incidental, indirect, economic or punitive damages even if MS, its affiliates, distributors (or their suppliers) have been advised of the possibility of such damages. You acknowledge that this limitation of liability shall apply even if any remedies fail of their essential purpose.
13. TRADEMARK RIGHTS
You agree to comply with all trademark guidelines found at www.microsoft.com/trademarks/.
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You acknowledge that the Software Units and Microsoft hardware are subject to U.S. export jurisdiction. You agree to comply with all applicable international and national laws that apply to the Software Units and Microsoft hardware, including the U.S. Export Administration Regulations, as well as end-user, end-use and destination restrictions issued by the U.S. and other governments. For additional information, see www.microsoft.com/exporting/.
15. ANTI-PIRACY AND COUNTERFEITING
IT IS AN INFRINGEMENT OF MICROSOFT INTELLECTUAL PROPERTY RIGHTS TO DISTRIBUTE, INSTALL, COPY, MODIFY OR DISPLAY MICROSOFT SOFTWARE PROGRAMS OR HARDWARE EXCEPT AS AUTHORIZED BY MS OR ITS AFFILIATES. IT IS UNLAWFUL TO COUNTERFEIT OR DISTRIBUTE, COPY, OR USE COUNTERFEIT COPIES OF ANY MICROSOFT SOFTWARE OR HARDWARE. You will not distribute, install, copy, modify or display any Microsoft software or hardware, or any component thereof, that has been, or which you suspect has been, manufactured, assembled and/or distributed in a manner not authorized by MS or its affiliates.
16. MISCELLANEOUS
16.1. You may not advertise or price any Software Unit separately from its accompanying fully assembled computer system or computer hardware. Except as granted in this agreement, you may not use, run, distribute, copy, modify, display, repackage or reassemble any Software Units or Microsoft hardware or any part of them.
16.2. MS reserves all rights not expressly granted in this agreement.
16.3. Any Software Units provided to the U.S. Government pursuant to solicitations issued on or after December 1, 1995, is provided with the commercial license rights and restrictions described elsewhere in this Agreement. All Software Units provided to the U.S. Government pursuant to solicitations issued prior to December 1, 1995, is provided with “Restricted Rights” as provided for in 48 CFR 52.227-14 (June 1987) or 48 CFR 252.227-7013 (October 1988), as applicable. The System Builder is responsible for ensuring that Software Units are marked with the “Restricted Rights Notice” or “Restricted Rights Legend,” as required. All rights not expressly granted are reserved.
16.4. If a court of competent jurisdiction holds any provision of this agreement to be unenforceable, the remaining provisions will remain in full force and effect.
16.5. The laws of the State of Washington, U.S.A., govern this agreement. You consent to the jurisdiction of the state and federal courts sitting in the State of Washington, U.S.A.
16.6. This agreement does not establish a franchise, partnership, joint venture, agency, fiduciary relationship or contract of employment between you and MS.
Visit www.microsoft.com/oem for resources available to System Builders.

[Tuf]

That's exactly why I put retail copies of Windows on the computers I buy. I do not want to nor am I prepared to provide support to the user. I'll help them when I can but this way they have M$ to fall back on if need be.