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Getting a refund for unwanted MS licences

Discussion in 'The Lounge - Off Topic' started by michael78, Oct 13, 2008.

  1. michael78

    michael78 Terabyte Poster

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    Guys am I right in thinking that if I reject the licence agreement for XP that your entitled to a refund for the unused licence. I've read in various online articles of people doing this and wanted to know the score. I'm sick of paying Microsoft for licences that I'm not going to ever use.

    Anyone know what the legal standing is on this?
     
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  2. UKDarkstar
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    UKDarkstar Terabyte Poster

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    I don't believe that is the case, no, certainly not in the UK.

    An oem license can ONLY be sold with a new computer and has to be pre-installed. I'm sure from my MS Partner System Builder stuff a few years back this came up and we were told there is no legal entitlement to a refund.

    What exactly are the circumstances and why do you say you'll never need the license ?
     
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  3. michael78

    michael78 Terabyte Poster

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    I'll never need an XP home licence due to XP homes lack of domain functions. I need XP Pro and have a licence for that spare when I switched to Vista. I'm just sick of paying MS money for licences that I never use. I think it's scary how much MS must make selling PC's and laptops with licences that never get used.

    I'm sure in the end agreement there is something in the terms to say you can return a licence for a refund if the terms are rejected.
     
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  4. Arroryn
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    Arroryn we're all dooooooomed

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    Just having a check through the EULA... can you confirm have you bought the licenses (OEM) I take it you don't have the *retail* version of anything?
     
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  5. Arroryn
    Honorary Member

    Arroryn we're all dooooooomed

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    Well, right at the start the EULA states:

    Check this page for clarification. Though how you go about obtaining your refund... I can't honestly tell!
     
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  6. UKDarkstar
    Honorary Member

    UKDarkstar Terabyte Poster

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    That page is actually from a Malaysian MS site - UK/EU will be different.

    Also, technically, the vendor is breaking hsi agreement with MS if they don't pre-install the software and oem licenses cannot be sold to the public (ok we know it does happen but MS does take action against the bigger sites).

    When I get a mo' I'll check via my MS Partner stuff
     
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  7. UKDarkstar
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    UKDarkstar Terabyte Poster

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    OK, I've actually raised this query with MS via my Partner account.

    Note tho' that the only way of applying the Xp Pro lic you have will be if it is a retail boxed product and is not currently loaded on any other machine. You cannot transfer oem lics or use an Open Volume Lic in this way.

    I'll report back when I have a definitive answer from Mr Gates :p
     
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  8. Fergal1982

    Fergal1982 Petabyte Poster

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    Incorrect, an OEM license can be sold alongside a non-peripheral piece of hardware. Nor does it need to come pre-installed. For starters, I purchased an OEM license along with my components.
     
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  9. Fergal1982

    Fergal1982 Petabyte Poster

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    oooh. actually. this might be different nowadays. Used to be the case (and it certainly didnt cause me an issue when I bought my OEM last year [and ive reinstalled several times]). May need to look into this a bit more.
     
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  10. UKDarkstar
    Honorary Member

    UKDarkstar Terabyte Poster

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    That's exactly the misconception that is out there and it is breaking the oem license.

    This is direct from the MS Partner OEM Lic area :

    There is a growing market for “do-it-yourself” home PC hobbyists who assemble PCs from components for their own use. Microsoft retail software licenses are the appropriate licenses for the do-it-yourself market. OEM System Builder software is not intended for this use, unless the PC that is assembled is being resold to another party

    OEM System Builder Software
    Must be preinstalled on a PC and sold to another unrelated party.
    Cannot be transferred from the PC on which it is preinstalled.

    Must be preinstalled onto a new PC using the OPK.

    System builder that preinstalled the software must provide support for the software.
    License terms are granted by the system builder to the end user


    and finally -

    Q. What are the different ways in which Microsoft OEM System Builder Windows licenses can be distributed?
    A. The current OEM System Builder License allows system builders to distribute Windows desktop operating system licenses in the following ways:
    Preinstalled on a new PC and resold to a third party.
    Unopened OEM System Builder packs (1-, 3-, or 30-packs) can be distributed to other system builders. Note that they must remain unopened so the receiving system builder can accept and be bound by the break-the-seal license agreement affixed to the pack. They should not be distributed to end users.
    Preinstallation using the OPK ensures that customers can experience the intended “Windows Out-of-Box Experience” (OOBE) and that they receive the opportunity to accept the end user license agreement (EULA).
    It enables you to add shortcuts and branding of your business to the operating system, enables you to test preinstalled PCs without interrupting the preinstallation process, and much more


    As you can see, according to MS it is NOT possible to purchase the lic in the way that you have and the reseller is breaking the terms of the OEM lic.
     
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  11. UKDarkstar
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    UKDarkstar Terabyte Poster

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    Yes, the "rules" changed about 5 years back. Until then you could buy certain components (even an MS keyboard would do) and buy an oem lic but they tightened up and enforce this now with resellers.
     
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  12. Fergal1982

    Fergal1982 Petabyte Poster

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    Linky

    interesting....
     
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  13. UKDarkstar
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    UKDarkstar Terabyte Poster

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    Exactly - as it says two or three paras down If it is an OEM Microsoft Desktop Operating System (such as Windows XP Pro or Windows XP Home), then it must also be sold only with a fully-assembled computer system as well (as of September 1, 2005),

    I only know this stuff as I've had many "discussions" with customers about it ! :p
     
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  14. Fergal1982

    Fergal1982 Petabyte Poster

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    ah well. I've been perfectly honest with MS on the occassions where I've had to call them (for reactivation for example). They didnt seem to have an issue with it. And i certainly arent going to go out and pick up an FPP now. Im the OEM, supporting the customer (erm... me).
     
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  15. michael78

    michael78 Terabyte Poster

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    I have a retail version of XP Pro. last time I looked I couldn't find the key but I'll have it knocking around somewhere.
     
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  16. michael78

    michael78 Terabyte Poster

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    I'm wanting to get clarification on this as I'm buying a EEE Box from ASUS and want XP Home removed as it's useless for the purpose that I want the EEE Box for. I think legally I should be able to get the licence fee refunded. I'm just sick of paying MS for pre loaded software that I don't use and will be doing it again when I buy a Samsung NC10 Netbook.

    Time to take a stand as I think PC's and Laptops should come with an option to buy hardware OS free to give the customer a choice.
     
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  17. Arroryn
    Honorary Member

    Arroryn we're all dooooooomed

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    Well XP Home can't be downgraded (refund against OEM) but any kind of retail box surely can be refunded? Where did you purchase it from?
     
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  18. michael78

    michael78 Terabyte Poster

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    I'm buying it from Scan.
     
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  19. UKDarkstar
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    UKDarkstar Terabyte Poster

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    Scan won't be installing the o/s; it will already there.

    Rather than wait for the email reply I'll ring my MS Partner helpline in the morning and get clarification for you.
     
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  20. dmarsh

    dmarsh Terabyte Poster

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    The Asus EEE laptop comes with a linux OS derivative. Sounds like there are a few XP based ones now, why not just buy the linux one ?

    The orignal point was to make cheap computers for africa etc, last thing they were going to do was put a £100 OS on it.

    Microsoft must have done a deal, because now looks like they are all XP preinstalled on the latest 80GB or 160GB drive models, I see your point...
     
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