New
#1
Is Windows Retail Version Upgrading to Win 10 OEM??
I put this question to Microsoft this week by email:
Good morning
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:
“Upgrade Editions
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.
Essentially:
8.1 OEM upgrades to Win10 OEM
And
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.
Please advise.
Yours sincerely,
XXXXXXXXXXXXXXXXXXXXX
E&OE
To which I got the following reply:
Hello Mr. XXXXXX,
This is XXXXXXXXXXXXXXX with Microsoft Global Escalation Services contacting you in response to your communication with our Corporate Office. Your case ID XXXXXXXXXX has been escalated to me and I would like to get the issue resolved at the earliest.
Please let me know a suitable date and time, and your contact number so that we can work on the issue further.
My contact information is mentioned below.
Looking forward to your reply.
Regards,
XXXXXXXXXXXX
Sr. Support Escalation Engineer
Global Escalation Services
Technical and UR T3
Office: +1 (425) XXX-XXXX Ext - XXXXXXX
Working Hours: Mon - Fri 11:00 AM - 08:00 PM PDT
XXXXXX@microsoft.com
I have advised them of when to call and expect to have a chat with them next week. I'll come back here to let you know the eventual outcome just in case anyone has similar concerns. It may take a couple of months to get a final [hopefully positive] resolution. I won't however, out of respect for the due process, be giving a blow-by-blow account.
I realise I'm probably an old fool who has different values when compared to the modern corporate world but hey, if you don't ask, you don't get
Anyhow, that's it for now...I'll be back...
UpdateMicrosoft have agreed to give me a full second Win10 standalone license in addition to the Win10 license I already have via the promotional free upgrade. Having two fully independent Win10 licenses for no extra cost was the agreed resolution.
The resolution:
•I can install the Win8.1 Retail license and activate Win10 using the free promotional upgrade. The license will become tied to the device from 29 July 2016. I would still have the right to uninstall Win10 from that device so that I could transfer 8.1 to another device. I would no longer be able to upgrade the Win8.1 license on the new device to Win10 using the free promotional offer.
•I would concurrently be able to clean install Win10 pro using the standalone product key received last night, on a device I choose and maintain full right of transfer for this license.
•I can have Win10 Pro installed on two different devices even though I only paid for one. I have two independent licenses.
They also added:
•The points I raised about the EULA and internal policy also form part of the resolution. This has now been passed onto another department within Microsoft and they stated the wording within the EULA may soon be changed after completion of the investigation by the relevant licensing and legal teams.
Last edited by WhyMe; 15 Aug 2015 at 12:01. Reason: Added resolution