New
#11
Yeah, that is the main case. You can buy OEM license as well which has the same restrictions in the license agreement. It says you can only sell the license with the hardware it is on. This clause doesn't apply in all countries even though it is in the terms.
My point was what the license agreement says and what is legal or not isn't necessarily the same. There can be all sort of odd stuff in a license agreement - iTunes EULA for example said not to use it to aid "the development, design, manufacture, or production of nuclear, missile, or chemical or biological weapons.”. Covering their bases I guess.
Interestingly all the PCs I've upgraded to 10 have assumed retail license so perhaps MS don't care so much about the distinction any more.