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Windows 7 Upgrade from XP OEM on different computer RRS feed

  • Question

  • Hello,

    I was wondering if it is possible to purchase the Windows 7 Upgrade package to use on a brand new computer I am building, provided I have Windows XP (OEM) on a laptop that I no longer use. And if so, are there any limitations to this?

     

    Thanks,

    -Evan

    Monday, November 28, 2011 2:34 AM

Answers

  • No, you can not do that. The XP OEM license is only good for the laptop, it can not be used for your custom build.

    You will need to buy a Full version of Windows 7 for your custom build.

    You can buy Windows 7 here:

    http://store.microsoft.com/microsoft/Windows-Windows-7/category/102

     



    Can You Move Windows 7 To A New Computer

    If it's a retail Full or Upgrade license - yes. You can move it to a different computer as long as it's only installed on one computer at a time (and if it's a Windows 7 Upgrade version the new computer must have it's own qualifying XP/Vista/7 license). The previous Windows 7 installation on the old computer must be formatted/deleted. You might have to call Microsoft and explain what happened to complete the activation. Activating it on the second computer will automatically in effect "deactivate" the license for the first computer. The key will work with both 32 and 64 bit, but only one can be installed at a time.

    If it's an OEM license - no. OEM licenses, including Windows preinstalled on a computer before purchase and Windows bought separately, are tied to the first computer they are installed on and can not be transferred to a different computer. To install Windows on a different computer you will need to buy another copy.

    • Proposed as answer by Arthur Xie Tuesday, November 29, 2011 3:16 AM
    • Marked as answer by ejdanderson Tuesday, November 29, 2011 6:49 AM
    Monday, November 28, 2011 2:45 AM

All replies

  • No, you can not do that. The XP OEM license is only good for the laptop, it can not be used for your custom build.

    You will need to buy a Full version of Windows 7 for your custom build.

    You can buy Windows 7 here:

    http://store.microsoft.com/microsoft/Windows-Windows-7/category/102

     



    Can You Move Windows 7 To A New Computer

    If it's a retail Full or Upgrade license - yes. You can move it to a different computer as long as it's only installed on one computer at a time (and if it's a Windows 7 Upgrade version the new computer must have it's own qualifying XP/Vista/7 license). The previous Windows 7 installation on the old computer must be formatted/deleted. You might have to call Microsoft and explain what happened to complete the activation. Activating it on the second computer will automatically in effect "deactivate" the license for the first computer. The key will work with both 32 and 64 bit, but only one can be installed at a time.

    If it's an OEM license - no. OEM licenses, including Windows preinstalled on a computer before purchase and Windows bought separately, are tied to the first computer they are installed on and can not be transferred to a different computer. To install Windows on a different computer you will need to buy another copy.

    • Proposed as answer by Arthur Xie Tuesday, November 29, 2011 3:16 AM
    • Marked as answer by ejdanderson Tuesday, November 29, 2011 6:49 AM
    Monday, November 28, 2011 2:45 AM
  • The moderator has proposed both 'Yes' and 'No' are valid answers... thats the epitome of not helpful here.

    Anyrate, I asked elsewhere about this process because of the moderator discrepancy, and it appears the the general consensus is NO you cannot upgrade a former OEM version of Windows to Windows 7 then take that Windows 7 to a different computer. 

     

    Tuesday, November 29, 2011 6:49 AM
  • "ejdanderson" wrote in message news:029df9a3-79be-47b0-a091-ffd3c8d40c2e...

    The moderator has proposed both 'Yes' and 'No' are valid answers... thats the epitome of not helpful here.

    Anyrate, I asked elsewhere about this process because of the moderator discrepancy, and it appears the the general consensus is NO you cannot upgrade a former OEM version of Windows to Windows 7 then take that Windows 7 to a different computer.

     

    the Qualifying Product must be VALID – an OEM license installed on another PC cannot be valid on any machine except that PC, and therefore it is NOT a Qualifying Product on any other machine.
     
    You need a Full Retail license.

    Noel Paton | Nil Carborundum Illegitemi | CrashFixPC | The Three-toed Sloth
    Tuesday, November 29, 2011 11:24 AM
  • "DominicP" wrote in message news:04c76e0f-4ef2-47c4-b061-5a392130a66d...

     

    The licence terms are clear, despite what the upgrade installation routine checks for in violation of the licence terms (there is no requirement that the qualifying product be, or ever has been, installed).

    Download the licence terms from http://www.microsoft.com/About/Legal/EN/US/IntellectualProperty/UseTerms/Default.aspx and read them carefully.

     
    The is no requirement that it be installed – but there IS a requirement that it be valid.
    An OEM license that has been installed on another machine CANNOT be valid on a new machine. Therefore it cannot be used as the basis for an Upgrade of any kind on the new machine.
     

    Noel Paton | Nil Carborundum Illegitemi | CrashFixPC | The Three-toed Sloth
    Tuesday, November 29, 2011 11:26 AM
  •  
    The is no requirement that it be installed – but there IS a requirement that it be valid.
    An OEM license that has been installed on another machine CANNOT be valid on a new machine. Therefore it cannot be used as the basis for an Upgrade of any kind on the new machine.
     

    Noel Paton | Nil Carborundum Illegitemi | CrashFixPC | The Three-toed Sloth

    The licence says:

    15. UPGRADES. To use upgrade software, you must first be licensed for the software that is eligible for the upgrade. Upon upgrade, this agreement takes the place of the agreement for the software you upgraded from. After you upgrade, you may no longer use the software you upgraded from.

    "Valid" is not a term used.

    The underlying problem is that the licence does not specify, or refer to a list of, qualifying products so, legally speaking, there are none. Only the courts can decide whether no-one is entitled to use an upgrade version or anyone may use it, regardless of whether they own a product Microsoft intended to be a qualifying product. I think, at the retail and consumer level, the courts are likely to adopt the second interpretation.

    Tuesday, November 29, 2011 1:01 PM
  • "DominicP" wrote in message news:38a4a65f-21ee-43e6-8e1c-23eddad3f997...
     
    The is no requirement that it be installed – but there IS a requirement that it be valid.
    An OEM license that has been installed on another machine CANNOT be valid on a new machine. Therefore it cannot be used as the basis for an Upgrade of any kind on the new machine.
     

    Noel Paton | Nil Carborundum Illegitemi | CrashFixPC | The Three-toed Sloth

    The licence says:

    15. UPGRADES. To use upgrade software, you must first be licensed for the software that is eligible for the upgrade. Upon upgrade, this agreement takes the place of the agreement for the software you upgraded from. After you upgrade, you may no longer use the software you upgraded from.

    "Valid" is not a term used.

    The underlying problem is that the licence does not specify, or refer to a list of, qualifying products so, legally speaking, there are none. Only the courts can decide whether no-one is entitled to use an upgrade version or anyone may use it, regardless of whether they own a product Microsoft intended to be a qualifying product. I think, at the retail and consumer level, the courts are likely to adopt the second interpretation.

    Maybe not – but ‘licensed’ is, and a license is only effective when properly used.
    Read the other parts of the OEM  license as well.
     
    2.  INSTALLATION AND USE RIGHTS.   The software license is permanently assigned to the device
    with which you acquired the software.  That device is the “licensed device.”  A hardware partition or
    blade is considered to be a separate device.    
      a.  Licensed Device.    You may install one copy of the software on the licensed device.    You may
    use the software on up to two processors on that device at one time.    You may not use the
    software on any other device.
     
    The Upgrade license subsumes the qualifying license – since that cannot be present ON THAT MACHINE, then an Upgrade is not possible.

    Noel Paton | Nil Carborundum Illegitemi | CrashFixPC | The Three-toed Sloth
    Tuesday, November 29, 2011 2:55 PM
  • Pure sophistry, I'm afraid - noone will ever be able to defend that attitude in a court.

    Besides which, you've even managed to quote the wrong License terms.

     


    Noel Paton | Nil Carborundum Illegitemi | CrashFixPC | The Three-toed Sloth
    Tuesday, November 29, 2011 10:27 PM
  • "Dr Arnold Ziffel, PhD" wrote in message news:dc2eb7c7-af15-4360-b3ac-7a7b6514d815...

    That was quoted from the Windows 7 License from the Windows 7 Media from which the Windows 7 Upgrade is to be performed.

     

    There is something wrong with you, Paton, that you are too dim to be embarrassed by the ass you've made of yourself.

    You should be quoting from the OEM license – NOT the Upgrade license.
    The OEM License is the one which restricts the license to the original machine ONLY.
    It therefore CANNOT be available on the second machine to form the basis of an Upgrade.
     

    Noel Paton | Nil Carborundum Illegitemi | CrashFixPC | The Three-toed Sloth
    Wednesday, November 30, 2011 9:40 AM
  • "Dr Arnold Ziffel, PhD" wrote in message news:b6ac94fa-3d3e-4d3e-9027-7c2475073f00...

    After you upgrade (15), that becomes the new licensed software. You can transfer that software to another computer (17a).



     
     
     
    None of which is relevant because
    “I was wondering if it is possible to purchase the Windows 7 Upgrade package to use on a brand new computer I am building, provided I have Windows XP (OEM) on a laptop that I no longer use. And if so, are there any limitations to this?”
     

    Noel Paton | Nil Carborundum Illegitemi | CrashFixPC | The Three-toed Sloth
    Wednesday, November 30, 2011 10:15 AM
  • "Dr Arnold Ziffel, PhD" wrote in message news:46e02734-332d-432e-8413-0f3630b70cfc...

    He can upgrade the old XP system to Windows 7.   (15)

    He can transfer the software to the new computer.  (17a)

     

    (we can do without the ad hominems, please)
     
    This is theoretically possible, I admit.
    However, that would leave the laptop unlicensed, and it would have to be reformatted AND NOT RIENSTALLED with the now-subsumed OEM Key. Thus rendering the laptop less saleable should the OP wish to sell it legally.
     
     
     
     
     

    Noel Paton | Nil Carborundum Illegitemi | CrashFixPC | The Three-toed Sloth
    Wednesday, November 30, 2011 10:48 AM
  • "Dr Arnold Ziffel, PhD" wrote in message news:7d6ffc78-e466-4482-ad20-34c8dbcb3004...



    The new computer is now, in Microsoft's terms, the "licensed computer".  The original XP computer is no longer subject to that Windows 7 license.

    It is debatable if the original XP computer can be reloaded with the original OEM XP software  (which in fact was, and still is licensed by the OEM, not Microsoft).

    I would consider taking the benefit of the doubt, and reuse the OEM XP on the original machine.

     

    To quote your own quote....
    Upon upgrade, this agreement takes the place of the agreement for the software you upgraded from. After you upgrade, you may no longer use the software you upgraded from.”
     
     

    Noel Paton | Nil Carborundum Illegitemi | CrashFixPC | The Three-toed Sloth
    Wednesday, November 30, 2011 11:19 AM
  •  
    Let me try and explain it a different way – see if we can come ot some kind of agreement/
    1) I take is that you agree that an Upgrade must have a qualifying license, and that without such, it cannot be valid?
    2) Can we also agree that the result of upgrading an OEM license is a single license, and not two?
     
    If such is the case -  your proposition that the OEM license is still valid after moving the upgraded license falls on its own head, since that would create a second license.
     

    Noel Paton | Nil Carborundum Illegitemi | CrashFixPC | The Three-toed Sloth
    Wednesday, November 30, 2011 11:27 AM
  • "Dr Arnold Ziffel, PhD" wrote in message news:2af61abe-6df5-4a08-9ea6-42a32ecd78f8...

     

    DominicP is correct.  It is good you finally admit it.

    Not at all
    You’re lapsing into sophistry again – as well as rephrasing the original question to suit your argument,
     
    This discussion has gone beyond the realms of the reasonable it’s time to end it.
     

    Noel Paton | Nil Carborundum Illegitemi | CrashFixPC | The Three-toed Sloth
    Wednesday, November 30, 2011 12:05 PM
  •  
     
     
    You’re being selective in your quoting again, as well as ignoring that DominicP was not making that argument.

    Noel Paton | Nil Carborundum Illegitemi | CrashFixPC | The Three-toed Sloth
    Wednesday, November 30, 2011 12:26 PM
  • "Dr Arnold Ziffel, PhD" wrote in message news:71d6fdd5-0a9a-4a1c-861a-9be470c95a54...

      DominicP

     

    The Windows 7 licence requires only that you own a qualifying product and do not use it after installing Windows 7. An OEM version of XP is a qualifying product.

    An upgrade version of Windows 7 is transferable to a new computer.

    An upgrade version can be installed clean using  Clean Install Windows 7 with Upgrade Media.


     
     
     
    DominicP seemingly disagrees with you on the usability of the OEM license.
     
    ..but yes, he does appear to have a correct interpretation in the light of this discussion. I mis-remembered his post, and didn’t check it <slaps wrist>.
    .
     

    Noel Paton | Nil Carborundum Illegitemi | CrashFixPC | The Three-toed Sloth
    Wednesday, November 30, 2011 12:44 PM