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Is it legal to use the license for Windows XP that I have installed on my desktop in a virtual machine on that desktop?

    Question

  • Is it legal to use the license for Windows XP that I have installed on my desktop in a virtual machine on that desktop?

    I checked the EULA for XP, and it doesn't mention Virtual Machines.  That's to be expected because VM's weren't as common when XP was released.  The very next version of Windows is Vista, and it's EULA specifically says it is okay to use the OS in a virtual environment on the computer it's installed on.

    "You may use the software installed on the licensed device within a virtual (or otherwise emulated) hardware system."

    Thursday, February 23, 2012 5:27 AM

Answers

  • "JBrasser" wrote in message news:f6155c8e-2ec6-4662-9ef9-528641d3917a...

    Indeed according to the Vista Ultimate EULA it is allowed, Home Basic and Premium do not have that license however:

    USE WITH VIRTUALIZATION TECHNOLOGIES. You may use the software installed on the
    licensed device within a virtual (or otherwise emulated) hardware system on the licensed device. If
    you do so, you may not play or access content or use applications protected by any Microsoft digital,
    information or enterprise rights management technology or other Microsoft rights management
    services or use BitLocker. We advise against playing or accessing content or using applications
    protected by other digital, information or enterprise rights management technology or other rights
    management services or using full volume disk drive encryption.

    For Windows 7 there are 17 different Editions (including K, N & KN variants), if you are interested you can find out for the version you are interested in here:

    http://www.microsoft.com/About/Legal/EN/US/IntellectualProperty/UseTerms/Default.aspx

    Interesting – I must admit to never having read the Vista or Vista SP1 License for that clause!
     
    However – it is only present in Business and Ultimate – the Home Premium version reads...
    <quote>
    4.  USE WITH VIRTUALIZATION TECHNOLOGIES.    You may not use the software installed
    on the licensed device within a virtual (or otherwise emulated) hardware system.
    </quote>
     

    Noel Paton | Nil Carborundum Illegitemi | CrashFixPC | The Three-toed Sloth
    Tuesday, February 28, 2012 9:33 AM

All replies

  • As far as I am aware XP does not provide a free virtualized license. Which edition are you using, Home or Professional?

    Here is an excerpt from the EULA for Windows XP Professional:

    'The product may not be used by more than two (2) processors at any one time on any single Workstation Computer'

    http://download.microsoft.com/documents/useterms/Windows%20XP_Professional_English_9e8a2f82-c320-4301-869f-839a853868a1.pdf

    There is no mention of virtualization in the EULA so it should be assumed that a Virtualized workstation is a second workstation therefore I would say it would not be allowed by the EULA. If it is legal depends on your state,country law and how they view EULA documents.

    • Edited by Jaap Brasser Thursday, February 23, 2012 8:05 AM
    Thursday, February 23, 2012 8:00 AM
  • Thanks for getting back to me.

    I don't think I should assume it's not allowed just because it's not mentioned.

    I agree that I will need an answer from a lawyer or someone from Microsoft.  Someone asked a similar question, but was never given an official answer.

    http://social.technet.microsoft.com/Forums/zh/itproxpsp/thread/52ec23c8-818a-4dc7-b4fa-b2473e2914a8

    Friday, February 24, 2012 7:47 AM
  • "j.benjamin.suarez" wrote in message news:d88f84fe-07fc-4eee-b2b3-cf308db585ef...

    Thanks for getting back to me.

    I don't think I should assume it's not allowed just because it's not mentioned.

    I agree that I will need an answer from a lawyer or someone from Microsoft.  Someone asked a similar question, but was never given an official answer.

     

    In either case, it cannot be used in a VM at the same time as being used in the bare-metal install – even in Win7, it’s an either/or situation. You can’t have your cake, and eat it :)
     

    Noel Paton | Nil Carborundum Illegitemi | CrashFixPC | The Three-toed Sloth
    Friday, February 24, 2012 9:03 AM
  • I haven't looked at the EULA for Windows 7, but it is allowed in Vista.  They specifically say that it is.

    "You may use the software installed on the licensed device within a virtual (or otherwise emulated) hardware system."

    If you mean that I will not be able to, I'm not at all worried about that.  I just want to find out if it's allowed.

    Friday, February 24, 2012 12:41 PM
  • Indeed according to the Vista Ultimate EULA it is allowed, Home Basic and Premium do not have that license however:

    USE WITH VIRTUALIZATION TECHNOLOGIES. You may use the software installed on the
    licensed device within a virtual (or otherwise emulated) hardware system on the licensed device. If
    you do so, you may not play or access content or use applications protected by any Microsoft digital,
    information or enterprise rights management technology or other Microsoft rights management
    services or use BitLocker. We advise against playing or accessing content or using applications
    protected by other digital, information or enterprise rights management technology or other rights
    management services or using full volume disk drive encryption.

    For Windows 7 there are 17 different Editions (including K, N & KN variants), if you are interested you can find out for the version you are interested in here:

    http://www.microsoft.com/About/Legal/EN/US/IntellectualProperty/UseTerms/Default.aspx

    Friday, February 24, 2012 1:03 PM
  •  

    Hi,

    Since this problem is a Windows XP related issue, and our forum mainly focus on Windows 7. Please post your question to Microsoft Windows XP SP3 forum:

    http://social.technet.microsoft.com/Forums/en/itproxpsp/threads

    The reason why we recommend posting appropriately is you will get the most qualified pool of respondents, and other partners who read the forums regularly can either share their knowledge or learn from your interaction with us. 

    Thanks for understanding.


    William Tan

    TechNet Community Support

    Tuesday, February 28, 2012 7:49 AM
  • "JBrasser" wrote in message news:f6155c8e-2ec6-4662-9ef9-528641d3917a...

    Indeed according to the Vista Ultimate EULA it is allowed, Home Basic and Premium do not have that license however:

    USE WITH VIRTUALIZATION TECHNOLOGIES. You may use the software installed on the
    licensed device within a virtual (or otherwise emulated) hardware system on the licensed device. If
    you do so, you may not play or access content or use applications protected by any Microsoft digital,
    information or enterprise rights management technology or other Microsoft rights management
    services or use BitLocker. We advise against playing or accessing content or using applications
    protected by other digital, information or enterprise rights management technology or other rights
    management services or using full volume disk drive encryption.

    For Windows 7 there are 17 different Editions (including K, N & KN variants), if you are interested you can find out for the version you are interested in here:

    http://www.microsoft.com/About/Legal/EN/US/IntellectualProperty/UseTerms/Default.aspx

    Interesting – I must admit to never having read the Vista or Vista SP1 License for that clause!
     
    However – it is only present in Business and Ultimate – the Home Premium version reads...
    <quote>
    4.  USE WITH VIRTUALIZATION TECHNOLOGIES.    You may not use the software installed
    on the licensed device within a virtual (or otherwise emulated) hardware system.
    </quote>
     

    Noel Paton | Nil Carborundum Illegitemi | CrashFixPC | The Three-toed Sloth
    Tuesday, February 28, 2012 9:33 AM