This complaint pertains to the upgrade options from a full retail version of Windows 8.1 to Windows 10.
According to the EULA:
“4. Transfer. The provisions of this section do not apply if you acquired the software as a consumer in Germany or in any of the countries listed on this site (aka.ms/transfer), in which case any transfer of the software to a third party, and the right to use it, must comply with applicable law.
a. Software preinstalled on device. If you acquired the software preinstalled on a device (and also if you upgraded from software preinstalled on a device), you may transfer the license to use the software directly to another user, only with the licensed device. The transfer must include the software and, if provided with the device, an authentic Windows label including the product key. Before any permitted transfer, the other party must agree that this agreement applies to the transfer and use of the software.
b. Stand-alone software. If you acquired the software as stand-alone software (and also if you upgraded from software you acquired as stand-alone software), you may transfer the software to another device that belongs to you. You may also transfer the software to a device owned by someone else if (i) you are the first licensed user of the software and (ii) the new user agrees to the terms of this agreement. You may use the backup copy we allow you to make or the media that the software came on to transfer the software. Every time you transfer the software to a new device, you must remove the software from the prior device. You may not transfer the software to share licenses between devices.”
I have purchase stand-alone software of 8.1, which means that it can be transferred to any device as long as it removed from the original device first.
According to the Windows 10 specifications page on the Microsoft website:
We’ll keep you on like-to-like editions of Windows.”
It appears, from other areas of your website and from the advice given by your CSRs, that the upgrade is not like for like. It appears that the upgrade from my retail version of Windows 8.1 is to an OEM version of Windows 10.
This is definitely not like-for-like.
It also contradicts 4b of the EULA. (The EULA does not specify Windows 10, 8, 7, Vista etc) and therefore would cover all your products.
I would not have purchased a retail version of Windows 8.1 Pro in February 2015 if I knew that Microsoft would be ignoring the EULA and ‘like-for-like’ statements. The software on a brand new self-build system and as such, I could have purchased an OEM version of 8.1 instead at a lower price.
I do not want to pay the full retail price for Windows 10 when I upgrade the motherboard and processor in 18 months time. Previous Microsoft upgrade packs have been sold at a reduced price and I do not understand why this should be any different.
8.1 OEM upgrades to Win10 OEM
8.1 Retail upgrades to Win10 OEM
I do not wish to pay the full price in 18 months as that totally defeats the purpose of paying extra for the retail version in the first place.
I respectfully request that an upgrade version of Win10 be available to me at a reduced price in 18 months time. This would be consistent with the marketing of previous versions of Windows and their upgrades.
I also respectfully suggest that Microsoft update their website and any other relevant literature so that all customers are aware that a retail version becomes an oem version upon upgrade. It is my assertion that the EULA and Microsoft sales literature are in conflict, that customers are being misled and that information is not transparent.