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Thread: To build or not to build... that is the question.

  1. #21
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    Re: To build or not to build... that is the question.

    Quote Originally Posted by STMahlberg View Post
    According to Microsoft, if you install that software on your own PC, you don’t have a “genuine” copy of Windows. Basically you have just broken the law if you are doing this; also, you cannot upgrade the system using the upgrade software.
    Even if it's a custom build? As far as upgrades go it is my understanding that the OEM is bound to the Mobo but you are free to upgrade everything else. From the feed back on new egg it appears that you can change the Mobo but you must call Microsoft first to have the OS unbound. If it really is illegal then the name of their product is misleading.
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  2. #22
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    Re: To build or not to build... that is the question.

    Quote Originally Posted by Aux10 View Post
    Even if it's a custom build? As far as upgrades go it is my understanding that the OEM is bound to the Mobo but you are free to upgrade everything else. From the feed back on new egg it appears that you can change the Mobo but you must call Microsoft first to have the OS unbound. If it really is illegal then the name of their product is misleading.
    Here is the link that has the licensing information. http://www.microsoft.com/oem/en/lice...ges/index.aspx

    Here is a couple sections of the licensing saying you may not use an OEM version.


    2. Authorized Distribution and Acceptance. To distribute the Software or Hardware in this Pack, you must be a System Builder
    and accept this license. “System Builder” means an original equipment manufacturer, an assembler, a refurbisher, or a software
    pre-installer that sells the Customer System(s) to a third party.
    You accept this license when you open this Pack. If you choose not
    to accept this license, promptly return the unopened Pack to your distributor. You may only distribute unopened Packs within your
    territory. For the territory in which you may distribute, see www.microsoft.com/oem/sblicense/territory. Individual Software or
    Hardware units may not be returned after the Pack is opened.

    4. Limited License. If you comply with the terms of this license, Microsoft grants you a limited license to distribute the Software or
    Hardware. Except as granted in this license, you may not use, run, copy, modify, display, distribute, repackage or reassemble the
    Software, Hardware, OPK or any part of them.
    You may not reverse engineer, decompile, or disassemble the Software, Hardware
    or OPK, except to the extent expressly permitted by this license or by applicable law notwithstanding this prohibition. All rights not
    expressly granted are reserved.
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  3. #23
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    Re: To build or not to build... that is the question.

    OK STM, your point is taken. So in order to comply with M$ terms of use send me the money for the OEM. Then I will buy it and contract you to build a system for you. And your fee for this service will be one OEM license.

    That should about cover it........


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  4. #24
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    Re: To build or not to build... that is the question.

    To distribute the Software or Hardware in this Pack, you must be a System Builder
    and accept this license. “System Builder” means an original equipment manufacturer, an assembler, a refurbisher, or a software
    pre-installer that sells the Customer System(s) to a third party.
    The part that you can look at is the word assembler. That is you. I have built a lot of boxes and have installed OEM in all of them. It is legal and even a reputable software retailer will sell it to you as long as you buy "qualifiying hardware. (Motherboard, or hard drive, or cpu etc.)

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  5. #25
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    Re: To build or not to build... that is the question.

    Quote Originally Posted by Fire$torm View Post
    OK STM, your point is taken. So in order to comply with M$ terms of use send me the money for the OEM. Then I will buy it and contract you to build a system for you. And your fee for this service will be one OEM license.

    That should about cover it........
    That should do it.
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  6. #26
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    Re: To build or not to build... that is the question.

    Quote Originally Posted by c303a View Post
    The part that you can look at is the word assembler. That is you. I have built a lot of boxes and have installed OEM in all of them. It is legal and even a reputable software retailer will sell it to you as long as you buy "qualifiying hardware. (Motherboard, or hard drive, or cpu etc.)
    Assembler would be true; however, that is not the end of the statement... you have to sell this to a third-party.


    "To distribute the Software or Hardware in this Pack, you must be a System Builder and accept this license. “System Builder” means an original equipment manufacturer, an assembler, a refurbisher, or a software pre-installer that sells the Customer System(s) to a third party."


    I also refer you back to item 4 of the licensing agreement.


    "4. Limited License. If you comply with the terms of this license, Microsoft grants you a limited license to distribute the Software or
    Hardware. Except as granted in this license, you may not use, run, copy, modify, display, distribute, repackage or reassemble the
    Software, Hardware, OPK or any part of them. You may not reverse engineer, decompile, or disassemble the Software, Hardware
    or OPK, except to the extent expressly permitted by this license or by applicable law notwithstanding this prohibition. All rights not
    expressly granted are reserved."


    "It is legal and even a reputable software retailer will sell it to you as long as you buy "qualifiying hardware". (Motherboard, or hard drive, or cpu etc.)"

    True, that is because they have complied with item 5c, which makes you the third party.


    "5. Distribution.

    a. Software Preinstallation.
    i. For each unit of Software in the Pack, you must pre-install one copy of the Software on a Customer System prior to
    distribution. If the Software includes more than one language version, you must install only one language version.
    ii. For such pre-installation, you must use the OPK provided in the Pack or otherwise made available by us. You may use the
    information, tools and materials contained in the OPK solely to preinstall the Software in accordance with the OPK. See www.
    microsoft.com/oem/sblicense/OPK for additional information about the OPK. You may not distribute the OPK to the end user.
    iii. See http://oem.microsoft.com/starter for additional hardware requirements when pre-installing Microsoft Windows Starter
    Editions.
    iv. This preinstallation requirement does not apply to server Software. Instead, server Software may be distributed inside the
    Customer System package.

    b. End User License Terms. You must distribute the Software pursuant to the end user license terms (“License Terms”) that
    accompany it. Under the License Terms, you are the licensor.

    c. Hardware. You must distribute each Hardware unit with either a Customer System, or another non-Microsoft computer hardware
    component.
    If you distribute a Hardware unit with a Customer System, you must preinstall any associated Software drivers
    and programs provided to you in the Pack. Before you distribute the Hardware, you must test it to ensure that the Hardware
    functions properly with the Customer System. Microsoft makes no warranty or representation regarding the Hardware’s
    compliance with any federal, state or local laws or regulations relating to computing devices or products sold to the public.

    d. Alternate versions. The Pack may include more than one platform version of the Software such as 32-bit or 64-bit. You may only
    preinstall one version but must distribute both versions to the end user.

    e. Processor versions. For Server products, you may not preinstall or distribute a processor version of the Software on a Customer
    System that includes more processors than the highest number of processors listed on the Pack.

    f. You must distribute the complete unit of Software, including the COA."
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  7. #27
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    Re: To build or not to build... that is the question.

    Quote Originally Posted by STMahlberg View Post
    That should do it.
    Good. Let me know when you are ready.

    If you are not dead set on that Lite-On DVD burner then take a look at the Sony Optiarc AD-7260S-0B. Its $19.99 with free shipping.
    It also can be had as a combo deal (Listed third from bottom) with a Seagate Barracuda ST3500413AS 500GB HDD for a total of $53.48 plus $3.99 shipping (shipping fee based on my address. Yours may vary.)

    The total for your original selection, WD + Lite-On, is 61.97 plus $6.77 shipping.


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  8. #28
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    Re: To build or not to build... that is the question.

    Quote Originally Posted by STMahlberg View Post
    Assembler would be true; however, that is not the end of the statement... you have to sell this to a third-party.


    "To distribute the Software or Hardware in this Pack, you must be a System Builder and accept this license. “System Builder” means an original equipment manufacturer, an assembler, a refurbisher, or a software pre-installer that sells the Customer System(s) to a third party."


    I also refer you back to item 4 of the licensing agreement.


    "4. Limited License. If you comply with the terms of this license, Microsoft grants you a limited license to distribute the Software or
    Hardware. Except as granted in this license, you may not use, run, copy, modify, display, distribute, repackage or reassemble the
    Software, Hardware, OPK or any part of them. You may not reverse engineer, decompile, or disassemble the Software, Hardware
    or OPK, except to the extent expressly permitted by this license or by applicable law notwithstanding this prohibition. All rights not
    expressly granted are reserved."


    "It is legal and even a reputable software retailer will sell it to you as long as you buy "qualifiying hardware". (Motherboard, or hard drive, or cpu etc.)"

    True, that is because they have complied with item 5c, which makes you the third party.


    "5. Distribution.

    a. Software Preinstallation.
    i. For each unit of Software in the Pack, you must pre-install one copy of the Software on a Customer System prior to
    distribution. If the Software includes more than one language version, you must install only one language version.
    ii. For such pre-installation, you must use the OPK provided in the Pack or otherwise made available by us. You may use the
    information, tools and materials contained in the OPK solely to preinstall the Software in accordance with the OPK. See www.
    microsoft.com/oem/sblicense/OPK for additional information about the OPK. You may not distribute the OPK to the end user.
    iii. See http://oem.microsoft.com/starter for additional hardware requirements when pre-installing Microsoft Windows Starter
    Editions.
    iv. This preinstallation requirement does not apply to server Software. Instead, server Software may be distributed inside the
    Customer System package.

    b. End User License Terms. You must distribute the Software pursuant to the end user license terms (“License Terms”) that
    accompany it. Under the License Terms, you are the licensor.

    c. Hardware. You must distribute each Hardware unit with either a Customer System, or another non-Microsoft computer hardware
    component.
    If you distribute a Hardware unit with a Customer System, you must preinstall any associated Software drivers
    and programs provided to you in the Pack. Before you distribute the Hardware, you must test it to ensure that the Hardware
    functions properly with the Customer System. Microsoft makes no warranty or representation regarding the Hardware’s
    compliance with any federal, state or local laws or regulations relating to computing devices or products sold to the public.

    d. Alternate versions. The Pack may include more than one platform version of the Software such as 32-bit or 64-bit. You may only
    preinstall one version but must distribute both versions to the end user.

    e. Processor versions. For Server products, you may not preinstall or distribute a processor version of the Software on a Customer
    System that includes more processors than the highest number of processors listed on the Pack.

    f. You must distribute the complete unit of Software, including the COA."
    Then I guess I have purchased many copies of "illegal" software from several sources and installed them on computers I built for other people as well as the 3 boxes that I currently have in my house. I have also upgraded the Win XP OEM copies to Win 7 without having to call M$ or jumping through any hoops. Just save yourself the money, buy the OEM (original equipment manufacturer, which you would be) and use it. M$ has it's money and the main thing is that with OEM you get no support from them. If you buy the retail box you are getting all the fancy packaging plus their support, for what that is worth.

    RETIRED. NO JOB. NO MONEY. NO WORRIES!

    Crunched SETI Classic to the end.


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  9. #29
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    Re: To build or not to build... that is the question.

    Dude, STM, I applaud your efforts at being above board, but PLEASE don't pay the extra for a retail pack of Win7. I agree with you, their licensing has us all screwed, but there is a reason Newegg has all those OEM copies for sale! heh ...
    I just can't feel good about you giving a giant corporation more $$$ for a box...the DVD is exactly the same one from the same machine inside!
    There are just so many better things to upgrade on the rig than a retail copy...I just have to say it, sorry.

  10. #30
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    Re: To build or not to build... that is the question.

    I like everything except the mobo right now. We don't know how Bulldozer will perform yet, but if it's good -and I know you - you're going to want one just like me!

    Is there not an AM3+ mobo that you like just as good with at least 3 PCI-e slots? Three GPUs is probably pushing it anyway...another thing to look at is all the Gigabyte mobos, because I think JPM said that they will all be bios upgraded to handle the 8 core dozer.

    Just trying to be helpful.

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