Win 8 Pro u/g allowed transferability, will Win 10 u/g change this?


  1. Posts : 1,983
    Windows 10 x86 14383 Insider Pro and Core 10240
       #1

    Win 8 Pro u/g allowed transferability, will Win 10 u/g change this?


    From the Windows 8 retail (upgrade) EULA:

    "Can I transfer the software to another computer or user?
    You may transfer the software to another computer that belongs to you..."

    This remains the same for the Windows 8.1 upgrade EULA.

    On upgrading a Windows 7 PC, this changed the terms of the original OEM EULA which was not transferable, and lasted for the lifetime of that PC only to a lifetime license on any replacement hardware.

    For this fact alone, the £14.99 Windows 8 upgrade was a bargain.

    Will the Windows 10 EULA be similarly generous in terms of transferability, does any one know?

    I have read in many places that with Windows 10, reinstalls on the same device will be allowed - which puts the situation back to the original OEM situation where the OS is tied to the device it was installed upon only.
      My Computers


  2. Posts : 3,257
    Windows 10 Pro
       #2

    I don't believe this was the case, I think you are misinterpreting the license. Upgrades have never converted OEM to Retail licensing.
      My Computer


  3. Posts : 1,983
    Windows 10 x86 14383 Insider Pro and Core 10240
    Thread Starter
       #3

    "Upgrades have never converted OEM to Retail licensing."

    No - the upgrade licence terms supercede the previous licence. The upgrade licence makes the OEM license null and void.

    The Windows 8 retail (upgrade) EULA says this:

    "What about upgrading the software?
    The software covered by this agreement is an upgrade to your existing operating system software, so the upgrade replaces the original software that you are upgrading. .."

    The Windows 7 OEM (HP) EULA which was upgraded said this:

    "1. GRANT OF LICENSE. HP grants you the following rights provided you comply with all terms and conditions of this EULA:
    a. Use. You may use the Software Product on a single computer ("Your Computer")...
    ...2. UPGRADES. To use a Software Product identified as an upgrade, you must first be licensed for the original Software Product identified by HP as eligible for the upgrade. After upgrading, you may no longer use the original Software Product that formed the basis for your upgrade eligibility...
    ...4. TRANSFER.a. Third Party. The initial user of the Software Product may make a one-time transfer of the Software Product to another end user. Any transfer must include all component parts, media, printed materials, this EULA, and if applicable, the Certificate of Authenticity. The transfer may not be an indirect transfer, such as a consignment. Prior to the transfer, the end user receiving the transferred product must agree to all the EULA terms. Upon transfer of the Software Product, your license is automatically terminated..."

    Which means the OEM license is tied to the original hardware (except in circumstances when Microsoft grants transfer to new hardware in the case of hardware failure.)

    The transfer clause in the Windows 8 upgrade license supercedes this tie-in.

    However, my question was:

    Does anyone know if the Windows 10 Upgrade ties the upgrade to the hardware it is installed upon?
      My Computers


  4. Posts : 15,027
    Windows 10 IoT
       #4

    Is that the EULA on the (included with) the upgrade media?
      My Computer


  5. Posts : 15,027
    Windows 10 IoT
       #5

    In answer to your last question? That's a question I have not seen a definitive answer too? I don't know.
      My Computer


  6. Posts : 4,131
    Windows 3.1 to Windows 11
       #6

    From the Windows 8 retail (upgrade) EULA:

    "Can I transfer the software to another computer or user?
    You may transfer the software to another computer that belongs to you..."

    This remains the same for the Windows 8.1 upgrade EULA.
    I will bet Bottom Dollar that the Free 10 Upgrade will be locked out of a retail transfer after the first year

    transfer your retail 8 in six months - you get 10 upgrade
    transfer your retail 8 in sixteen months - you purchase 10 upgrade
      My Computer


  7. Posts : 16,623
    Windows 11 Pro X64
       #7
      My Computers


  8. Posts : 1,983
    Windows 10 x86 14383 Insider Pro and Core 10240
    Thread Starter
       #8

    Thanks Dude, I had hoped there was a definitive answer somewhere.

    My 8.1 license checks out as RETAIL channel in slmgr /dlv , so if I upgrade to Windows 10, according to the above, it will retain the RETAIL status, and remain fully transferable.

    Alphanumeric: "Is that the EULA on the (included with) the upgrade media?" - Yes

    Now, the Windows 10 Pro Insider Preview 10130 also checks out as RETAIL channel, so when that is upgraded to RTM, it should follow the same rules, I guess.
      My Computers


  9. Posts : 15,027
    Windows 10 IoT
       #9

    Fafhrd said:
    Thanks Dude, I had hoped there was a definitive answer somewhere.

    My 8.1 license checks out as RETAIL channel in slmgr /dlv , so if I upgrade to Windows 10, according to the above, it will retain the RETAIL status, and remain fully transferable.

    Alphanumeric: "Is that the EULA on the (included with) the upgrade media?" - Yes

    Now, the Windows 10 Pro Insider Preview 10130 also checks out as RETAIL channel, so when that is upgraded to RTM, it should follow the same rules, I guess.
    OK, thanks just wanted to confirm you were looking at the correct EULA.
      My Computer


 

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