Windows 10: Computer upgrade after 12 months

Slartybart · Jul 26, 2015

Is it known for a fact that there will be "retail" versions of Win 10 available for purchase in retail stores, just as you could purchase retail Win 7 at one time? Or will the retail store purchased versions be OEM?

If "retail" is disappearing, this has implications for home builders, who would then have to buy a new OEM license for each subsequent new build. I suppose they could instead build a new machine, install retail Win 7, upgrade that to what would effectively be retail Win 10, and then carry that retail Win 10 on to new future machines.

Or rely on Microsoft to not enforce the "OEM license cannot be carried forward to new hardware" limitation?
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I had a link that explained the licensing very nicely, but cannot find it now.

There will be Retail and OEM licenses of Windows 10 - but they only seem to be online pre-sales now.
Newegg references Windows 10 Full version USB flash drive and Windows 10 OEM - available 31 July
I checked Staples and BestBuy, but only found PCs that can be upgraded when the software is released (no boxed media)

Even the MS Store site ( not the app store) doesn't list boxed media - it points to the marketing Windows 10 is the one you've been waiting for page.
Windows 8 and 8.1 For Home, Students, and Professionals - Microsoft Store

This makes some sense in that there is a lot of inventory to be moved.

I haven't read anything regarding the OEM Builder license, but my guess is that probably won't change from previous Windows. The terminology will probably change though, the EULA in 240 doesn't reference Retail or OEM:

Settings > System > About > Read the Microsoft License Terms
Notable EULA section:

2. Installation and Use Rights.

License. The software is licensed, not sold. Under this agreement, we grant you the right to install and run one instance of the software on your device (the licensed device), for use by one person at a time, so long as you comply with all the terms of this agreement. Updating or upgrading from non-genuine software with software from Microsoft or authorized sources does not make your original version or the updated/upgraded version genuine, and in that situation, you do not have a license to use the software.

Device. In this agreement, “device” means a hardware system (whether physical or virtual) with an internal storage device capable of running the software. A hardware partition or blade is considered to be a device.

Restrictions. The manufacturer or installer and Microsoft reserve all rights (such as rights under intellectual property laws) not expressly granted in this agreement. For example, this license does not give you any right to, and you may not:

use or virtualize features of the software separately;

publish, copy (other than the permitted backup copy), rent, lease, or lend the software;

transfer the software (except as permitted by this agreement);

work around any technical restrictions or limitations in the software;

use the software as server software, for commercial hosting, make the software available for simultaneous use by multiple users over a network, install the software on a server and allow users to access it remotely, or install the software on a device for use only by remote users;

reverse engineer, decompile, or disassemble the software, or attempt to do so, except and only to the extent that the foregoing restriction is permitted by applicable law or by licensing terms governing the use of open-source components that may be included with the software; and

when using Internet-based features you may not use those features in any way that could interfere with anyone else’s use of them, or to try to gain access to or use any service, data, account, or network, in an unauthorized manner.

Multi use scenarios.

Multiple versions. If when acquiring the software you were provided with multiple versions (such as 32-bit and 64-bit versions), you may install and activate only one of those versions at a time.

Multiple or pooled connections. Hardware or software you use to multiplex or pool connections, or reduce the number of devices or users that access or use the software, does not reduce the number of licenses you need. You may only use such hardware or software if you have a license for each instance of the software you are using.

Device connections. You may allow up to 20 other devices to access the software installed on the licensed device for the purpose of using the following software features: file services, print services, Internet information services, and Internet connection sharing and telephony services on the licensed device. You may allow any number of devices to access the software on the licensed device to synchronize data between devices. This section does not mean, however, that you have the right to install the software, or use the primary function of the software (other than the features listed in this section), on any of these other devices.

Use in a virtualized environment. This license allows you to install only one instance of the software for use on one device, whether that device is physical or virtual. If you want to use the software on more than one virtual device, you must obtain a separate license for each instance.

Remote access. No more than once every 90 days, you may designate a single user who physically uses the licensed device as the licensed user. The licensed user may access the licensed device from another device using remote access technologies. Other users, at different times, may access the licensed device from another device using remote access technologies, but only on devices separately licensed to run the same or higher edition of this software.

Remote assistance. You may use remote assistance technologies to share an active session without obtaining any additional licenses for the software. Remote assistance allows one user to connect directly to another user’s computer, usually to correct problems.

Backup copy. You may make a single copy of the software for backup purposes, and may also use that backup copy to transfer the software if it was acquired as stand-alone software, as described in Section 4 below.

Privacy; Consent to Use of Data. Your privacy is important to us. Some of the software features send or receive information when using those features. Many of these features can be switched off in the user interface, or you can choose not to use them. By accepting this agreement and using the software you agree that Microsoft may collect, use, and disclose the information as described in the Microsoft Privacy Statement (aka.ms/privacy), and as may be described in the user interface associated with the software features.

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.

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.

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.

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CmmTch · Jul 27, 2015

Section 2, g, sub b seems pretty clear on "Stand-alone software" aka "retail" As always has been with retail, only one computer at a time, and no "life of the device limitations. And no limitations on new parts or whole new build as far as licensing is concerned.

This explicitly states if you upgraded from retail or purchased W10 retail it is yours to install as many times on as many different computers as you want, as long as it's only one at a time.

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.
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Slartybart · Apr 4, 2018

Section 2, g, sub b seems pretty clear on "Stand-alone software" aka "retail" As always has been with retail, only one computer at a time, and no "life of the device limitations. And no limitations on new parts or whole new build as far as licensing is concerned.

This explicitly states if you upgraded from retail or purchased W10 retail it is yours to install as many times on as many different computers as you want, as long as it's only one at a time.
Click to expand...

Thanks, I had to read your post and reference back to the EULA a few times, but it does seem very clear, both legally and technically.

There was a statement on Blogging Windows that seemed to indicate you could only install the ISO on the same device. That was wrong and it threw me off for about a week.

After reading your post, I had an epiphany. Now all I have to do is remember it for a few days *Wink

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