Why is there no price mention in Windows EULA?

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  1. Posts : 19,240
    W11+W11 Developer Insider + Linux
       #11

    If you can by Windows that would mean you'd be getting the code for it and all rights to Windows brand, I imagine it would take many billions of Dollars for that.
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  2. Posts : 11,207
    Windows / Linux : Arch Linux
       #12

    Hi folks

    The license is an agreement between you and the supplier / owner of the intellectual property right (in this case Microsoft Corp plus any world wide owned subsidiaries) in that it owns the software and you agree to use it in accordance with Microsoft's terms and conditions.

    You don't own the software but merely purchase a right to use it in accordance with conditions laid down by Microsoft and applicable copyright / anti piracy laws in your jurisdiction.

    Think of it as a "Black box" --you buy the right to use the Black box but you aren't allowed to open it up to "reverse engineer" it. Similar products can be used / developed provided no patents are infringed but that's about as far as you can go.

    With Linux it's quite different as it's pretty well all open source -- although there are some commercial products out there for the mainly server market. Big Linux suppliers e.g IBM/RED HAT make their money by supplying consultancy and maintenance services even though the OS is open source.

    Different companies do things differently so "You pays your money and takes your choice" !!!

    Seems simple enough to me --if one doesn't like the conditions then don't use the product.

    As others have mentioned there are "different conditions of use" depending on whether corporate volume license, OEM builder, or retail.

    Cheers
    jimbo
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  3. Posts : 19,240
    W11+W11 Developer Insider + Linux
       #13

    jimbo45 said:
    Hi folks

    The license is an agreement between you and the supplier / owner of the intellectual property right (in this case Microsoft Corp plus any world wide owned subsidiaries) in that it owns the software and you agree to use it in accordance with Microsoft's terms and conditions.

    You don't own the software but merely purchase a right to use it in accordance with conditions laid down by Microsoft and applicable copyright / anti piracy laws in your jurisdiction.

    Think of it as a "Black box" --you buy the right to use the Black box but you aren't allowed to open it up to "reverse engineer" it. Similar products can be used / developed provided no patents are infringed but that's about as far as you can go.

    With Linux it's quite different as it's pretty well all open source -- although there are some commercial products out there for the mainly server market. Big Linux suppliers e.g IBM/RED HAT make their money by supplying consultancy and maintenance services even though the OS is open source.

    Different companies do things differently so "You pays your money and takes your choice" !!!

    Seems simple enough to me --if one doesn't like the conditions then don't use the product.

    As others have mentioned there are "different conditions of use" depending on whether corporate volume license, OEM builder, or retail.

    Cheers
    jimbo
    Even with Linux there are some restrictions to use and modify source. Getting it free doesn't mean you own rights to it.
      My Computers


  4. Posts : 4,176
    Windows 10 Pro x64 Latest RP
       #14

    Windows 10 is in many ways a new sales system for Microsoft, over previous releases, for private individuals most were given a free upgrade licence from their previous system. I'ts cheaper for Microsoft overall if everyone is using the same Windows OS Version. They can have all the technical staff trained on the same product.

    In order to facilitate the switch to the single OS there were many special offers, The free offer for the upgrade which was due to end after 12 months (mid 2016) is still working - so If you have a valid Windows 7 or Windows 8/8.1 you can use this to upgrade to Windows 10 for free. Where previously only the retail licence was upgrade-able/transferable, this has been seen applied to OEM licences recently.

    You have to purchase a licence if the free options are not possible, you are provided with a licence Key as a means of applying the licence to your downloaded copy, so in all relevant legal terms the Kay and the Licence are the same thing. If course you can also purchase a pack of the install media and the Key, which is useful in markets without reliable internet services, although the preferred method is the download method
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  5. Posts : 11,207
    Windows / Linux : Arch Linux
       #15

    CountMike said:
    Even with Linux there are some restrictions to use and modify source. Getting it free doesn't mean you own rights to it.
    Hi there
    I think the applicable Linux rights are the GNU public license which gives users a pretty wide set of what they are allowed to do.

    With most open source stuff there's usually conditions attached if any of it is going to be incorporated into a commercial product -- and I believe (could be wrong here --I'm not a Corporate Law man -- common sense is best used - although judging by some recent Court cases that doesn't always work either !!) that the part of code in a commercial product that is open source must still remain so.

    Windows has zillions of decent API's so I don't necessarily think the availability or otherwise of the source code is a problem for most developers.

    Still not sure on what the original problem the OP had - whether it was questioning the price of Windows or what.

    Sales price etc are 100% the responsibility of the producer / manufacturer of the product or its distributors. Again if it's too high for you don't buy. !!!

    Cheers
    jimbo
      My Computer


  6. Posts : 41
    Windows X
    Thread Starter
       #16

    NavyLCDR said:
    @usikpa,
    Yes, Microsoft grants the license to use Windows 10 for free, provided that the users proves to Microsoft's satisfaction that they have a legitimate product key that originated from Microsoft. Since there is a wide variety of ways for the end user to end up with a legitimate product key that originated from Microsoft, such as included in the firmware of a factory built computer, purchased at retail, volume licensing, etc., it is impossible for Microsoft to set an amount in the EULA. ....
    This seems to sum it up nicely. And, probably. it also explains, why Microsoft chose NOT to include something like ... a valid product key must be obtained (or purchased) from Microsoft separately from software, the price thereof being subject to a specific product distribution channel... which I believe would complicate things quite bigly.

    idgat said:
    You are paying for a license key that allows you to use the software.
    That's the thing - there is no such thing as a license key. Microsoft calls it a valid key and never quite explains what that means other than a means to "... determine that the installed instance of the software is counterfeit, improperly licensed or includes unauthorized changes." Also, "... Successful activation does not confirm that the software is genuine or properly licensed"

    So, a key has nothing to do with the license, then

    jimbo45 said:
    ... you buy the right to use the Black box but you aren't allowed to open it up to "reverse engineer" it....
    No, by the looks of it, as stated above, this right (subject to terms and activation) is granted for free. The only thing we pay for is then just a key and there are NO means given even to verify if it is a "valid key" from Microsoft.

    At least that's what it looks like to me

    Barman58 said:
    ...You have to purchase a licence if the free options are not possible, you are provided with a licence Key as a means of applying the licence to your downloaded copy, so in all relevant legal terms the Kay and the Licence are the same thing...
    Correct me if I am wrong, Microsoft does not state anywhere that a license must be purchased if the free options are not possible. License terms can be accepted "for free" as these are a click-wrap agreement. I've been looking for ways to prove that "the key and the License are the same thing in all relevant legal terms", yet can't find it

    jimbo45 said:
    Still not sure on what the original problem the OP had - whether it was questioning the price of Windows or what.
    usikpa said:
    What do the mentioned partners/distributors sell under the ESD channel? A license and a key or just a key? If it's the former, the purpose of the EULA is then to simply make me click "AGREE"?
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  7. Posts : 5,282
    Win 10 Pro x64
       #17

    Licenses and keys are the 2 methods of activating Windows OS.

    Digital licenses are associated with your hardware and linked to your Microsoft account. You're all set once your PC is connected to the internet and you log in to your Microsoft account.
    If you buy genuine Window 10 from Microsoft Store App, you will get a digital license.

    A product key is a code to activate Windows during or after installation. This key can be linked to your Microsoft Account to become your digital license. If you need to do a clean install later on or do a hardware upgrade, you won't need your product key anymore. Just log in to your Microsoft Account and your Windows will be re-activated.
    If you buy a copy of Windows 10 from an authorized retailer, you will get a product key.
      My Computer


  8. Posts : 1,470
    Windows 10 Pro
       #18

    usikpa said:
    So, a key has nothing to do with the license, then
    Except for the fact that the key IS the license.

    I think you're just trying to play a game of semantics here ..... The more you write, the more you think people are going to get confused.

    Plain fact is, you don't have a key, you don't have a license. It's not rocket science.

    badrobot said:
    Digital licenses are associated with your hardware and linked to your Microsoft account. You're all set once your PC is connected to the internet and you log in to your Microsoft account.

    Except for the fact that you don't get the digital license until/unless you inititially/originally used a license key.

    And I've never had to log on to a Microsoft account - either to get an initial installation activated with manual license key, or subsequent (re)installation activated with a digital license. Disconnect internet, complete Installation without internet connection, when finished connect >>> instant activation, no MS account.
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  9. Posts : 5,282
    Win 10 Pro x64
       #19

    idgat said:

    Except for the fact that you don't get the digital license until/unless you inititially/originally used a license key.
    .
    No... it depends how you obtain your Windows OS like I clearly stated.

    If you buy Windows 10 from Microsoft Store online, you will get a digital license through the microsoft account that you used to purchase it.

    If you buy a copy of Windows from authorized retailer, you will get a product key.

    And yes, I also mentioned that this key can be linked to your MS account to become a digital license.

    I think we are all on the same page here (except maybe for the OP). We are just explaining it in our own words. :)
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  10. Posts : 1,513
    X
       #20

    How difficult is this?

    If you want to use Windows (legitimately) you have to pay for a license.
    Yes, you can download the Windows installer for free at any time.
    But you must pay for the license key. The key is your proof of purchase.

    Give that key to Windows and it will be recognized ... and your install is deemed legitimate.

    So ...
    1. Buy license key
    2. Download Windows installer
    3. Run the installer
    Done.

    There's really nothing more.

    BTW ... just say no to the Windows Store.
    I'm already being spied on enough, so ...
    I don't go there, and I never will.
    I have no Microsoft account, and I never will.
      My Computer


 

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