Please see the categories below for answers to commonly asked questions regarding OEM System Builder licensing.
A. One of the easiest ways to determine whether your Windows software is genuine is to visit the How to Tell Web site and run the Windows Validation Assistant. Alternatively, at this same site, you can review the anti-piracy features of the software you've acquired to determine the authenticity of your software.
In addition, you can learn about the Windows Genuine Advantage program.
A. Windows Genuine Advantage (WGA) is an online validation program from Microsoft to help customers gain the assurance that they are using genuine Windows software. Microsoft asks users to validate their Windows when requesting a genuine Windows download from the Microsoft Download Center or Windows Update site. Validation is a quick and easy-to-use process that enables you to verify that your copy of Windows is genuine. Please see http://oem.microsoft.com/wga for more system builder-specific information on WGA and http//www.microsoft.com/genuine for end user information on WGA.
A. Validation is required for all genuine Windows downloads on Microsoft Download Center and the Windows Update service for users of Windows XP (client, not server). Security updates are accessible to all users via Automatic Updates. Genuine Windows downloads are available, without validation, to customers running Windows 98, Windows ME, Windows Server 2003, and Windows NT 4.0 with Service Pack 3. Genuine Windows downloads are not available for older versions of Windows (Windows 95, Windows NT 4.0 with Service Pack 2 and earlier) and non-Microsoft operating systems. Please see http://oem.microsoft.com/wga for more information on WGA.
A. A Certificate of Authenticity (COA) label helps you and your customers identify genuine Microsoft Windows software. Without it, your customers will not have a legal license to run their Windows software.
Each COA label includes advanced anti-counterfeiting features to help verify the software's authenticity. The COA label is included with each individual software license. For preinstalled Microsoft Windows operating systems, the COA label must be affixed by the system builder to the PC chassis. The COA label also includes the product key, which will be needed in the event the operating system needs to be reinstalled. COA labels must be distributed as part of the full System Builder software license, which also includes the hologram CD and documentation. A COA is not a software license. It is a visual aid that helps in determining whether Microsoft software is genuine. A COA should never be purchased, sold, or distributed by itself without the software it authenticates. COA labels cannot be distributed as standalone items. Get more information about the COA.
A. An end user who acquires software is acquiring the right to use that software. End users don't "own" the software, which is intellectual property and is generally "owned" by its developers. The right to use the software is governed by the End User Software License Terms—which, in the case of OEM System Builder product, is an agreement between the system builder and the end user. The End User Software License Terms can typically be found within the software product, and an end user must accept the End User Software License Terms before running the software.
The End User Software License Terms defines what end user rights and restrictions apply to the use of the software, and covers topics such as how the software can be used, whether the license can be transferred, etc. Get more information about End User Software License Terms.
A. There are only two ways a customer can get a Windows desktop operating system on a new PC:
Please note that full versions of Windows operating systems are not available through any Microsoft Volume Licensing program.
For application software such as the 2007 Microsoft Office system, customers can acquire licenses through:
A. Most likely no, this is not legal. Several software counterfeiting operations around the globe are marketing their goods through spam e-mail advertisements. In an attempt to mask their location, these organizations change their names and e-mail addresses daily. The basic contents of the spam message remain the same: "Microsoft software offered at cheap prices."
The advertisers use terms like "OEM software" as an attempt to explain why the offered software is so inexpensive. Microsoft is working to educate customers and partners about the risks of getting software from suspicious sources. We're investigating these spam and counterfeiting operations and trying to stop this activity. Purchasing from known and trusted sources and avoiding "too-good-to-be-true" deals are the best ways to avoid wasting valuable money on counterfeit or infringing software. Get more information.
If you are aware of or have suspicions of piracy concerning Microsoft software, we urge you to contact us by e-mail at piracy@microsoft.com or visit http://www.microsoft.com/piracy/reporting.
Additionally, we recommend acquiring Microsoft OEM System Builder software from an authorized Microsoft OEM distributor or associatean assured source of genuine Microsoft software. You can find a list of the distributors in your country here.
A. Offers to distribute incomplete OEM System Builder software packages are not legal. Under no circumstances are system builders or any other vendors authorized to distribute single OEM System Builder software components such as standalone Certificates of Authenticity (COAs).
Please note that the Certificate of Authenticity included with each OEM System Builder software package authenticates only the software components with which it is legally distributed. As mentioned, any offer to distribute an incomplete Microsoft software package (e.g., COA only) is not authorized, and any individual who was to obtain incomplete Microsoft software components would not be authorized to use the associated software or redistribute the components. For OEM System Builder Windows desktop operating systems, the complete software package must include the COA, hologram CD, and manual(s).
Additionally, we recommend acquiring Microsoft OEM software from an authorized Microsoft OEM distributor or associate—an assured source of genuine Microsoft software. You can find a list of the distributors in your country here.
Return to top
A. With the release of the Windows Vista operating system and the 2007 Microsoft Office system in January 2007, there have been some changes to OEM System Builder licensing and packaging. For 2007 Office, there have been significant changes to the way system builders need to preinstall and distribute 2007 Office software. Get more information about packaging changes for Windows Vista and 2007 Office.
A. The current OEM System Builder License allows system builders to distribute Windows desktop operating system licenses in the following ways:
A. Yes. There is nothing illegal about selling a computer system without an operating system. However, getting the operating system preinstalled is your customer's most cost-effective way to acquire a genuine Windows operating system license. A customer who subsequently wants to install a Microsoft Windows desktop operating system on that naked PC will need to acquire it through the retail (full packaged product) channel which is a more costly option. Full Windows operating systems are not available through any Microsoft Volume Licensing program, and an OEM operating system license cannot be transferred from an "old" PC to a new one.
Please see www.microsoft.com/preinstallgenuine for more information on acquiring Windows operating systems preinstalled on a new PC.
A. No. System builders may not offer a recovery solution with removable media (e.g., a recovery CD) because it is prohibited by the terms of the Microsoft OEM System Builder License. A full version of the Windows operating system is provided on a hologram CD in the Microsoft System Builder pack for each end user, and the CD must be transferred to the end user at the time of distribution. The hologram CD acts as the recovery media.
However, system builders can offer a hard disk recovery solution in addition to, but not as a replacement for, the hologram CD. Third-party software companies can also help system builders do this. Learn more about the legal, licensing, and technical requirements for this type of hard disk-based recovery solution.
System builders are bound by the Microsoft OEM System Builder License, affixed to the side of the System Builder packs, which is different than the direct agreements utilized by direct OEMs. The licensing terms for system builders and large OEMs are different because they are designed to address the specific needs of each community. The right to create recovery media is limited to the OEMs with direct agreements; however, these OEMs are also bound by other contractual obligations. The OEM System Builder License is designed to make it easy for system builders to acquire and distribute genuine Microsoft software, and accordingly, its terms are different.
A. No. System builders may not offer a recovery solution with removable media (a recovery CD, for example)—it is prohibited by the terms of the Microsoft OEM System Builder License. A full version of the Windows operating system is provided on a CD in the Microsoft System Builder Pack for each end user, and the CD must be transferred to the end user at the time of sale. The hologram CD acts as the system builder recovery media.
Please refer to the preceding question for more information.
A. System builders who distribute Windows software on a fully assembled PC must preinstall the software on the PC's hard drive using the OEM Preinstallation Kit (OPK) included in the OEM System Builder Pack.
Preinstallation using the OPK ensures that customers will encounter the Windows Out-of-Box Experience (OOBE) and that they receive the opportunity to accept the End User Software License Terms.
Additionally, the OPK is easy to set up and use, and will save you time versus manual installation. It enables you to add your own shortcuts and branding to the operating system, to test preinstalled PCs without interrupting the preinstallation process, and much more.
Get additional information on the OPK.
Does this require two different licenses, or can I use the same license and product key for both images/partitions, since they are both on a single system that can use only one operating system at a time?
A. A customer who wants Microsoft Windows installed onto two partitions of a computer system will need to obtain two OEM System Builder Windows software licenses. OEM software generally does not permit simultaneous usage of a PC by two end users.
A. Generally, an end user can upgrade or replace all of the hardware components on a computer—except the motherboard—and still retain the license for the original Microsoft OEM operating system software. If the motherboard is upgraded or replaced for reasons other than a defect, then a new computer has been created. Microsoft OEM operating system software cannot be transferred to the new computer, and the license of new operating system software is required. If the motherboard is replaced because it is defective, you do not need to acquire a new operating system license for the PC as long as the replacement motherboard is the same make/model or the same manufacturer's replacement/equivalent, as defined by the manufacturer's warranty.
The reason for this licensing rule primarily relates to the End User Software License Terms and the support of the software covered by that End User Software License Terms. The End User Software License Terms is a set of usage rights granted to the end user by the PC manufacturer and relates only to rights for that software as installed on that particular PC. The system builder is required to support the software on the original PC. Understanding that end users, over time, upgrade their PCs with different components, Microsoft needed to have one base component "left standing" that would still define the original PC. Since the motherboard contains the CPU and is the "heart and soul" of the PC, when the motherboard is replaced (for reasons other than defect) a new PC is essentially created. The original system builder did not manufacture this new PC, and therefore cannot be expected to support it.
A. The new COA is designed to adhere smoothly and securely. For optimal results, see the following recommended COA application technique:
A. Direct OEM licensees do receive a discount compared to buying through the System Builder channel, but that discount is based on the licensee’s commitment to receive ongoing bulk shipments versus purchasing at will. Other elements of the direct licensing agreement require significant initial investment from the OEM. Furthermore, legal and technical requirements are placed on direct OEMs to protect Microsoft intellectual property, and these requirements can add other costs to the production of a PC. The primary difference between the two programs cannot be gauged merely by looking at prices and software licenses. Each program is designed to meet the specific needs of the partner.
A. Yes, you may install OEM Office 2007 software onto the computer systems as long as you do so in compliance with the Microsoft OEM System Builder License. Please note that the preinstallation and software distribution process for the 2007 Microsoft Office system has changed significantly from prior Office versions.
A. No. The End User Software License Terms do not permit two or more users to concurrently use the full feature sets of Windows operating systems.
However, the Windows End User Software License Terms do allow for a limited number of computers or other electronic devices to connect to the computer upon which the software is installed to utilize one or more of the following services: File Services, Print Services, Internet Information Services, and telephony services. The End User Software License Terms also permit limited concurrent use in connection with the Remote Assistance and NetMeeting technologies. Please refer to the applicable End User Software License Terms for detailed information regarding such limited concurrent uses.
A. Microsoft recognizes that end users sometimes acquire non-genuine Windows operating systems for their PCs and may wish to "get legal" by obtaining genuine software.
To obtain genuine Windows software, end users may:
The Get Genuine Kit is available only for use on fully assembled PCs with a previously installed counterfeit, pirated, or otherwise illegal or unlicensed copy of Windows XP Professional software.
How it works:
Other facts:
A. After an OEM software license has been installed on a PC, the license may not be installed on or transferred to another PC. However, the entire PC may be transferred to another end user along with the software license rights. When transferring the PC to the new end user, the software media, manuals (if applicable), and Certificate of Authenticity label must be included. It is also advisable to include the original purchase invoice or receipt. The original end user cannot keep any copies of the software.
A. The OEM software is licensed with the computer system on which it was originally installed and is tied to that original machine. OEM licenses are single-use licenses that cannot be installed on more than one computer system, even if the original machine is no longer in use. The End User Software License Terms, which the end user must accept before using the software, states that the license may not be shared, transferred to, or used concurrently on different computers. System builders must provide end-user support for the Windows license on computers they build, but cannot support licenses on computers they didn’t build. This is a fundamental reason why OEM System Builder licenses can't be transferred.
A. A refurbished PC is a computer system that has had substantial hardware modifications that may require a new operating system licensebecause the modifications have essentially created a "new" PC.
Generally, an end user can upgrade or replace all of the hardware components on a computer—except the motherboard—and still retain the license for the original Microsoft OEM operating system software. If the motherboard is upgraded or replaced for reasons other than a defect, then a new computer has been created. Microsoft OEM operating system software cannot be transferred to the new computer, and the license of new operating system software is required.
If the motherboard is replaced because it is defective, you do not need to acquire a new operating system license for the PC as long as the replacement motherboard is the same make/model or the same manufacturer's replacement/equivalent, as defined by the manufacturer's warranty.
A used PC is a computer system that has had few or no hardware changes. The license for OEM software on a used PC may not be transferred to a new or different PC. However, the entire used PC, including the software media, manuals, and Certificate of Authenticity, may be transferred to another end user along with the software license rights.
A. Please look at the End User Software License Terms to find out which type of license has been issued for the Microsoft software on the computer system and check the provisions relating to transfer. To find and read the End User Software License Terms, click Start on the taskbar, click Help and Support, and do a search for eula.txt.
Generally speaking, in the case of OEM or OEM System Builder software, the license may not be transferred to a new or different PC. However, the entire used PC, including the software media, manuals, and Certificate of Authenticity, may be transferred to another end user along with the software license rights.
A. Generally, an end user can upgrade or replace all of the hardware components on a computer—except the motherboard—and still retain the license for the original Microsoft OEM operating system software. If the motherboard is upgraded or replaced for reasons other than a defect, then a new computer has been created. Microsoft OEM operating system software cannot be transferred to the new computer, and the license of new operating system software is required.
A. Yes, as long as the system builder complies with the OEM System Builder License requirements for preinstallation and distribution of the OEM Microsoft software licenses, and the customer accepts the End User Software License Terms. Get more information about the OEM System Builder License.
A. A customer who wants you to reinstall Windows must provide recovery media from the direct OEM, because the software is licensed to the customer for use on that PC by that OEM. You cannot use your own OEM System Builder media to reinstall the operating system, or any other version of media (e.g., TechNet, MSDN, Action Pack, etc.), because these versions differ from the original OEM Windows license your customer acquired from the direct OEM. A customer who doesn't have a backup copy of the software for reinstallation will need to contact the original OEM and request replacement recovery media; you can use that media to reinstall the operating system on that machine.
A. Downgrade rights refer to the ability of your customers to acquire the most recent version of Microsoft software but continue to run a previous version until they are ready to upgrade. Downgrade rights are an end-user right and are documented in the product End User Software License Terms.
A. Please visit http://oem.microsoft.com/downgrade for more information.
A. A system builder (when authorized by the end user) or the end user. Because downgrade rights are an end-user right granted in the End User Software License Terms, the end user must first be able to accept the End User Software License Terms associated with Windows Vista Business, Windows Vista Ultimate, Windows XP Professional, Windows Server 2003, or Windows Small Business Server 2003 software. Therefore, this software must be installed first before the downgrade software is installed.
A. End users must install the downgrade software using a legally licensed copy of the specified previous version of the Windows desktop or server operating system. The downgrade software may be from the retail, OEM System Builder, or Volume Licensing channels.
A. No. End users may install and use only one Microsoft operating system (either the downgrade software or the applicable Windows Vista Business, Vista Ultimate, Windows XP Professional, Windows Server 2003, or Windows Small Business Server software) at any given time.
A. Yes. End users who downgrade may reinstall the original software when they are ready to migrate. For example, an end user who downgrades to Windows XP Professional may later return to Windows Vista Business software, provided that the end user deletes the Windows XP Professional software from the PC.
A. End users must use the original System Builder media that was included with the PC or server for reinstallation. The downgrade software must be deleted from the hard drive before the original software is reinstalled.
A. No, OEM System Builder Licenses of Microsoft Office do not contain downgrade rights. Currently, Windows Vista Business, Vista Ultimate, Windows XP Professional, Windows XP Tablet, Windows Server 2003 Standard Edition, Windows Server 2003 Enterprise Edition, and Small Business Server 2003 Premium Edition are the only OEM System Builder Licenses that contain downgrade rights.
Please see the Downgrade Rights Overview page for more information on downgrade rights.
A. Product activation technology is aimed at reducing software piracy as well as ensuring that Microsoft customers receive the product quality that they expect.
A. All customers who acquire retail packaged products or OEM System Builder products are required to activate the software. The software on a new PC from a system builder may be activated by the system builder. Product activation will not be required for licenses acquired by a customer through a Microsoft Volume Licensing program, such as Open License or Select License. Under these Volume Licensing programs, customers will be given a Volume License Key that will bypass activation.
A. Product activation works by validating that the software's product key, required as part of product installation, has not been used on more PCs than is allowed by the software's license. The product key and the product ID (created from the product key used during installation) are sent along with a "hardware hash" (a non-unique number generated from the PC's hardware configuration) to the Microsoft activation system during activation. Activation is completed either directly via the Internet or by a telephone call to a customer service representative. Most customer service centers are open 24 hours.
A. In this situation, we recommend:
There is a 30-day grace period before a Microsoft OEM System Builder Windows desktop operating system needs to be activated. Additionally, if you wish to sell the returned computer, you will need to "roll back" the system so that the customer can accept the End User Software License Terms and activate the software. Please refer to the OEM Preinstallation Kit (OPK) for information on preinstallation and what can be done to "roll back" the computer system.
A. Microsoft Volume Licensing programs are designed for organizations that need multiple copies of Microsoft software and are economical ways to acquire anywhere from five to thousands of software licenses. Microsoft Volume Licensing programs include Open License, Select License, Enterprise Agreement, and Enterprise Subscription Agreement. Please see www.microsoft.com/licensing for more information.
A. Software Assurance is an offering for Microsoft Volume Licensing customers that provides customers with benefits such as the ability to spread payments over three years, new version rights, support, tools, and training. (Software Assurance availability and benefits vary by Volume Licensing program and region.) Please see http://www.microsoft.com/licensing/programs/sa/ for a Customer Guide and more details. Customers must enroll their existing licenses into Software Assurance to begin receiving SA benefits.
A. That depends on the Volume Licensing program. In regions where Open License is offered, any reseller can work through an authorized Microsoft distributor to offer Software Assurance to customers through the Open License program. To offer Open License Value (available in the United States, Canada, and Japan only), you need to register as a Microsoft Software Advisor.
A. In order to offer Open License Business, Open License Volume, and Multi-Year Open Volume agreements, you can order directly from a distributor. Please see http://www.microsoft.com/licensing/programs/open/default.mspx for more details.
A. No. Full Windows licenses are not available through any Microsoft Volume Licensing program, including academic volume licenses. The customer must first acquire a Windows operating system license via OEM software included with a new PC from an OEM or system builder, or via the retail channel.
A. No. Microsoft Volume Licensing agreements license a school or institution only for an upgrade of Windows. No Academic Volume License covers the full Windows operating system.
A. Yes. Academic agreements, including Campus, cover only the upgrade—not the full Windows operating system. Schools are required to have a separate license that covers the initial full Windows operating system license.
A. No. Microsoft Academic Volume Licensing agreements license a school or institution only to upgrade a previously acquired full version of a Windows operating system license. No academic volume license allows a school to install the full initial operating system on a new computer.