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Commercial use in Personal Use License licenses for Windows 8 RRS feed

  • Question

  • Dear community,

    The end user license agreement for Personal Use License for Windows 8 seems to allow some kind of commercial use: "If you are using the software as an operating system for commercial use, you may not license more than five copies of the software for such commercial use in total".

    For example, running as an additional operating system on a local virtual machine or a separate partition seems that it might not be limited by "personal use".

    There are also some conflicting interpretations of "personal use":
    a) first interpretation is: "use by hobbyists for private work",
    b) second interpretation is: "own use on computer that won't be resold to end-user".

    Can someone please explain what commercial uses are allowed?

    I've already spoken to different people and unsuccessfully tried to get answer from Microsoft legal department.

    Thanks,
    Matej


    Saturday, May 10, 2014 5:48 PM

Answers

  • Q.  "Is it legal for small business owners to install windows 8 on new PC that they build themselves and that PC will be used for business work (commercial use) and use Personal Use License?"

    A. Yes!


    Carey Frisch

    • Marked as answer by mrizman Sunday, May 11, 2014 8:12 AM
    • Marked as answer by David Wolters Wednesday, May 28, 2014 3:54 PM
    Sunday, May 11, 2014 3:09 AM

All replies

  • what that means its not intended to be installed on a server

    it mean to be installed on a pc


    Thanks for your (rather surprising) answer.

    Does this mean that these Personal Use Licenses can be purchased by companies and used on their desktop pcs (which are not in server roles) instead of regular DSP/OEM licenses?

    Saturday, May 10, 2014 6:55 PM
  • I'm not talking about larger companies. I am talking about small businesses that would use regular DSP/OEM license, but they cannot. For example, the vendor sells them computer that is not fully assembled and then of course cannot preinstall Windows 8 on it. 


    • Edited by mrizman Saturday, May 10, 2014 7:17 PM
    Saturday, May 10, 2014 7:17 PM
  • The problem is that EULA for Windows 8.1 OEM states that you're granted a right to run one copy on the computer on which you acquired the software (the licensed computer). 

    Basically, this example refers to case when small business owner builds (do-it-yourself) new computer by himself and use Personal Use License. He can't use OEM license because no one is preinstalling Windows 8 on his hardware.


    Saturday, May 10, 2014 7:36 PM
  • There is also another use case. Can small business owner use Personal Use License to run Windows 8 in virtual machine or on a second partition?

    Saturday, May 10, 2014 7:40 PM
  • I don't understand what you mean by your answer. Personal Use Licenses can be transferred to another computer and you don't need full retail version only for this reason. This is clearly written in EULA.

    If the Personal Use Licenses can be used for commercial use (this also follows from your reply, as long as the computer is not in server role), then there is basically not much difference between full retail and Personal Use License.

    I would still like to have clear answer if Personal Use Licenses can be used in these cases:

    a) small business owner builds (DIY) new personal computer (not server) and this computer will be used for it's own commercial use, but they won't resell it to an end-user,

    b) small business owner would like to install Windows 8 on a second partition or in a virtual machine and this operating system will be used for commercial use by business owner.

    According to some sources/interpretations the Personal Use License would suffice for these cases.

     

    Saturday, May 10, 2014 8:11 PM
  • There is also another use case. Can small business owner use Personal Use License to run Windows 8 in virtual machine or on a second partition?

    You are allowed to use a retail licence but with a very restricted number of users.

    you can use 3-5 virtual machines, each with a different license of course

      

    I know that the full retail license can for this. But I want to know if the Personal Use License can be used in case when only one person uses virtual machine for business purposes.

    The Personal Use License seems to limit it's usage to "personal use" only in case when it is used as primary operating system on a computer. I can't find in EULA any restriction regarding "personal use" in the case when it is used as an secondary operating system or in a virtual machine.

    Saturday, May 10, 2014 8:22 PM
  • I don't understand your answer. Do you mean that small business owner should rather use Windows 8 Professional instead of Windows 8 with Personal Use License?

    The question whether to use Professional version or not is not relevant in this case.

    Personal Use License can also be used with Windows 8 Professional and not just with Windows 8. I've just checked one cardboard DSP package that sits on my desk with Windows 8 Professional DVD in it. The text on package explicitly says that the user can choose Personal Use License if he/she wishes. The EULA also seems to confirm that even if I use Personal Use License, the Professional features are still available.



    Saturday, May 10, 2014 8:44 PM
  • professional features are available to the private user



    I know this. Or are you implying that non professional version features are available to non-private user? 

    Saturday, May 10, 2014 8:54 PM
  • I've reread again all the posts in this thread but I still can't find any use scenario that would answer my primary question:

    What commercial uses are allowed in Personal Use License for Windows 8?


    Saturday, May 10, 2014 9:21 PM
  • Thanks for these links. I'm already familiar with the first one and I've just read the second one.

    However, I still don't get any clear answer if Personal Use Licenses can be used for commercial use or if they can be used by non-private end users.

    For example, the second article quotes EULAs and then says: "That last license type represents the first time Microsoft has formally acknowledged the right of its end-user customers to install Windows 8 on a new PC they build themselves, or to install it in a virtual machine or on a separate partition."

    However, the end-users can be both private users (people that use it for mostly private work) and companies/corporates/small businesses etc. It is not clear what is meant with this.

    By reading these articles I still don't get answers to questions like this one:

    Is it legal for small business owners to install windows 8 on new PC that they build themselves and that PC will be used for business work (commercial use) and use Personal Use License?

    Saturday, May 10, 2014 9:46 PM
  • a) no problem

    b) using 2 versions of windows on a hard disks is ok too


    I'm sorry, I didn't see this before or I saw it in wrong context (writing new post messes with post order if new posts are published while writing new post). I'm just checking if by a) and b) you means answers to these two question:

    I would still like to have clear answer if Personal Use Licenses can be used in these cases:

    a) small business owner builds (DIY) new personal computer (not server) and this computer will be used for it's own commercial use, but they won't resell it to an end-user,

    b) small business owner would like to install Windows 8 on a second partition or in a virtual machine and this operating system will be used for commercial use by business owner.

    Why do you say that "using 2 versions of windows is ok"? Is running Linux + Windows 8 with Personal Use License not ok? I think it is.

    Did you come to this conclusion because of this statement in the EULA: "You may not install software on a computer that is running a non-genuine Windows operating system"? I don't think that this clause limits running other non-windows operating systems on the same computer (Linux for example).

    Saturday, May 10, 2014 11:16 PM
  • Q.  "Is it legal for small business owners to install windows 8 on new PC that they build themselves and that PC will be used for business work (commercial use) and use Personal Use License?"

    A. Yes!


    Carey Frisch

    • Marked as answer by mrizman Sunday, May 11, 2014 8:12 AM
    • Marked as answer by David Wolters Wednesday, May 28, 2014 3:54 PM
    Sunday, May 11, 2014 3:09 AM
  • Thanks for your answer, Carey.

    For the sake of completeness, I would also like to ask you for your interpretation of "personal use". Is your interpretation the same as Vegan Fanatic's? Vegan Fanatic said in first post that personal use means that "its not intended to be installed on a server".

    The problem is that some MS people (especially salespeople) automatically equal "personal use" with "private use" and that phrase "Personal Use License" automatically means something like "Private Use License" and cannot be used outside the scope of private use. Another issue comes from very strange translation of EULA in my language which translates original phrase "own use" to "personal use" (so that both phrases "personal use" and "own use" are translated to "personal use").

    Do you have link to any document that would clearly imply that "personal use" is not "private use"?



    Sunday, May 11, 2014 8:54 AM
  • so the idea of personal use, means one at a time generally, at least until somebody logs in from remote

    Ok. But are there some public documents (especially from Microsoft) that would say (or imply) this clearly?

    The problem is that MS experts that don't work in sales somehow agree on that the "personal use" is not the same as the "private use". But the MS salespeople seem to somehow agree that "personal use" equals "private use", at least in my country.

    First I thought that this was part of their marketing tactics to convince customers to buy full retail package license instead. But later I discovered that they don't even sell full retail package licenses anymore. 

    Sunday, May 11, 2014 12:58 PM
  • generally the OEM is motherboard locked, they tend to last a few years so its not a big problem

    retail can allow for a new box, I get new boards when AMD bumps up the socket.


    Although Personal Use License software is installed from OEM System builder DVD that doesn't mean that OEM EULA applies. The Personal Use License grants you the right to transfer license to another computer - just like full retail package license. Using full retail package offers no benefit regarding transferability.

    The EULA clearly states: "You may transfer the software to another computer that belongs to you" and "Anytime you transfer the software to a new computer, you must remove the software from the prior computer.".

    Sunday, May 11, 2014 3:46 PM
  • I have several keys for Windows 8.1 so I am using one key for each machine.

    if I erased the old machine and junk boxed it, then I would not need to use a second key

    What do you mean by that? Are you trying to say that using full retail license is better than Personal Use License because you don't need to use the second key if you install on another computer?

    Well, as I pointed out before you also don't need to use another Personal Use License keys in this scenario. You can transfer the same license to another computer.


    • Edited by mrizman Sunday, May 11, 2014 4:00 PM Fixed typo.
    Sunday, May 11, 2014 3:57 PM
  • Are you saying that Personal Use License is supported for a period that is shorter than 10 years? Can you quote some sources?

    However, this is not thread about advantages of Full retail package licenses vs. Personal Use License.

    Sunday, May 11, 2014 4:24 PM
  • http://hardcore-games.azurewebsites.net/wp/win/support.php

    Are you saying that you can get extended support only for full retail package but not for Personal Use Licenses?

    I've started another thread about the differences between FPP and PUL licenses. Maybe we should move this discussion there.

    Sunday, May 11, 2014 4:53 PM
  • So why did you post your post about 10 years of support if the FPP and PUL licenses have the same support matrix? I don't see how this is relevant.
    Sunday, May 11, 2014 5:00 PM
  • Are you saying that you can't use Personal Use License in case when you replace your motherboard (because of new socket etc.)?

    If you replace your motherboard, you can transfer your old Personal Use License to this new computer. You don't need full retail package license just for this reason. Personal Use License is not tied to the motherboard in the same way as regular OEM licenses - it can be transferred. 

    If you still think that Personal Use License can't be transferred then please cite relevant part of Personal Use License EULA where it says so.

    See also for example:

    http://www.microsoft.com/oem/en/licensing/sblicensing/Pages/windows-licensing-for-personal-use.aspx#fbid=1KeQMgmGMCd

    I'm citing the text for Personal Use License: "Can be transferred to new hardware, if removed from the prior PC.". 

    Sunday, May 11, 2014 5:29 PM
  • No, I'm not quoting the retail license.

    The full text of Personal Use License is there:

    http://personaluselicense.windows.com/en-US/default.aspx

    Quote from this page: "Can I transfer the software to another computer or user? You may transfer the software to another computer that belongs to you. You may also transfer the software (together with the license) to a computer owned by someone else if a) you are the first licensed user of the software and b) the new user agrees to the terms of this agreement. To make that transfer, you must transfer the original media, the certificate of authenticity, the product key and the proof of purchase directly to that other person, without retaining any copies of the software. You may use the backup copy we allow you to make or the media that the software came on to transfer the software. Anytime you transfer the software to a new computer, you must remove the software from the prior computer. You may not transfer the software to share licenses between computers. You may transfer Get Genuine Windows software, Pro Pack or Media Center Pack software only together with the licensed computer."

    Sunday, May 11, 2014 5:42 PM
  • I think that you're completely missing the point of Personal Use Licenses. You don't have to be OEM to use OEM version of Windows. This is the completely new license type in Windows 8.

    Personal Use Licenses can be used by individuals (and maybe by some other entities also) who build computer by themselves. No OEM is preinstalling Windows OEM version on their computer. These individual will have to buy the packaged OEM System Builder DVDs (and yes, they can buy them even if this verison of Windows is not preinstalled) to do the installation, but the regular OEM EULA does not apply to them. They must accept the Personal Use Licenses. 

    The Personal Use License can be found on:

    http://personaluselicense.windows.com/en-US/default.aspx

    The cardboard boxes that contain OEM System Builder DVDs have the following text written on them (my translation): "If you want to install this product on computer for personal use: License agreement Microsoft OEM System Builder on the other side of the package and license terms don't apply to you. Instead visit website www.windows.com/personaluselicense and read and accept licence terms...."

    Link www.windows.com/personaluselicense will redirect you to:

    http://personaluselicense.windows.com/en-US/default.aspx


    • Edited by mrizman Sunday, May 11, 2014 6:24 PM typo
    Sunday, May 11, 2014 6:22 PM
  • I don't see how your answer is relevant to discussion, but Personal Use License is not regular OEM license. I don't know why are you insisting on this. 

    For Personal Use License limited support is provided by Microsoft, please see:

    http://www.microsoft.com/oem/en/licensing/sblicensing/Pages/windows-licensing-for-personal-use.aspx#fbid=1KeQMgmGMCd

    See the second column in the table.

    Quotes: "OEM System builder product may be purchased." and "Microsoft provides limited support services."


    Sunday, May 11, 2014 6:43 PM
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    TechNet Community Support

    Monday, May 19, 2014 1:47 AM