MS licensing questions for MS licensing experts

the_technocrat

OK, so basically, I took over this network of schools about a year ago with a few hundred machines. In the past at one time, they had been donated some $ by the Bill and Melinda Gates foundation. With this cash, they bought a bunch of hardware, and apparently got a few CD's on volume license.

Here's my deal:

I have on my desk right now original volume licensing CD's for WinXP Pro, Win2K3 Server, Win2K3 Exhange Server, and Office XP Pro. (Along with others, like service packs and all)

We don't pay any maintenance, so I think this was a one-time deal. Can someone please explain to me:

1. When we buy machines from Dell, I am forced to buy an operating system. We wipe the machines and use Ghost 2003 to put our copy of WinXP on them. Is this an unavoidable waste of a license? (Our school has to buy from Dell) Does it matter what license I buy since it's just going to get wiped anyway? Maybe WinXP Home since it's cheaper? Can I resell the license that comes on the OEM box?

2. The previous admin bought a bunch of retail copies of WinXP Pro when he was building some machines for the High School Yearbook room. Is there any reason? I thought a volume license meant that we can install it on any of our machines? Why would we need more licenses, if the volume license is a blanket over all of them? I figure I can return these retail copies to the vendor, right? We don't need them?

3. I have *no* paperwork that was left for me regarding the volume licenses. All I have are the CD's themselves and the product keys for each. If the volume license covers our organization up to a certain amount of machines, how can I find out this #?

Thanks a lot if anyone knows this stuff. We had a licensing manager at my last job, so I never have looked into it. Also, I've been transferred around MS 4 times now, all resulting in disconnects, so I'm giving up on them.

primesuspect

the_technocrat wrote:

1. When we buy machines from Dell, I am forced to buy an operating system. We wipe the machines and use Ghost 2003 to put our copy of WinXP on them. Is this an unavoidable waste of a license? (Our school has to buy from Dell) Does it matter what license I buy since it's just going to get wiped anyway? Maybe WinXP Home since it's cheaper? Can I resell the license that comes on the OEM box?

You cannot resell an OEM license, that much I know for sure. Once OEM is installed, it basically is stuck to "that machine" - you can only transfer it I BELIEVE twice, I'm not sure about that - it could be one time. Technically, you should be using ghost to put a sysprepped image on there and using the new OEM keys you are buying from Dell. This would be within compliance.

the_technocrat wrote:

2. The previous admin bought a bunch of retail copies of WinXP Pro when he was building some machines for the High School Yearbook room. Is there any reason? I thought a volume license meant that we can install it on any of our machines? Why would we need more licenses, if the volume license is a blanket over all of them? I figure I can return these retail copies to the vendor, right? We don't need them?

I'd check the terms of your volume license, but it sounds like he overbought. You can sell those retail keys.

the_technocrat wrote:

3. I have *no* paperwork that was left for me regarding the volume licenses. All I have are the CD's themselves and the product keys for each. If the volume license covers our organization up to a certain amount of machines, how can I find out this #?

You'd have to contact microsoft licensing, they have all VLKs on file.

the_technocrat

primesuspect wrote:

You cannot resell an OEM license, that much I know for sure. Once OEM is installed, it basically is stuck to "that machine" - you can only transfer it I BELIEVE twice, I'm not sure about that - it could be one time. Technically, you should be using ghost to put a sysprepped image on there and using the new OEM keys you are buying from Dell. This would be within compliance.

My sysprepped image used our volume license. I use this for machines that were built and OEM. I was writing off the OEM WinXP installation as a loss...you're saying this isn't allowed? I figured I could at least just throw away the OEM install since I wasn't allowed to re-sell it...and why not buy the cheaper OEN install (WinXP Home) if I'm going to toss it? Right? :confused2

primesuspect wrote:

I'd check the terms of your volume license, but it sounds like he overbought. You can sell those retail keys.

Wish I knew the terms out our agreement. I have *nothing* except for the CD's and keys. Will a vloume license say "You are allowed to install this product on xxxx amount of machines in your organization", or does it just say "This is for your entire organization, and the price reflects how many machines you had at the time of purchase"?

primesuspect wrote:

You'd have to contact microsoft licensing, they have all VLKs on file.

Tried to. 4 times. :sad2: Also, they ask for some contract or customer # or something, which I don't have. And they say they can't look up our agreement via a number on the CD or the product key...which sounds like BS...because that's how they track down pirated copies...

Any advice? I just have *zero* expirience with this...

QCH

Volume licensing is almost the same as Enterprise Licensing (EA)... I am rather familiar with EA.

You must buy OEM, Education, or Retail version of Windows in order for it to be allowed into the EA. EA is maintenance, the ability to upgrade to future versions of the OS, and the ability to image, and .

4. When a school or institution enters into a Microsoft Volume Licensing agreement (Campus Agreement, School Agreement, Academic Open, Academic Select), does that mean it is licensed for a full Microsoft® operating system (OS), such as Windows?

ANSWER: No. Microsoft Volume Licensing only licenses a school or institution for an upgrade for Windows, and sometimes for a downgrade to an earlier version of Windows. There are only three ways for an education institution to obtain a full operating system:

o Acquire the Full-Packaged Product from a retail store.
o Acquire a new PC with an OEM version of the operating system preinstalled.
o Acquire an OEM license with additional hardware from your system builder.

Technically, only EA Licensing allows for multiple imaging. I believe that with WinXP OEM and or retail, you can make a copy of one system to be used for that one system. Imaging in the sense that most IT Administrators cannot be done with non-EA Licenses. It's a "benefit" of EA licensing.

OEM is attached to the hardware.... Microsoft really doesn't want to define what "hardware" means though. Most vendors get by with selling you a cable or old hard drive. Microsoft really want to leave it open for some wiggle room for IT Admins. OEM cannot be transfer, moved or sold. OEM is a discounted license with no support and is inflexible with license transferring.

Retail versions are a bit different. You have limited support from MS and you are able to do some limited transferring of the license. Education version…. Not too sure.

6. What is the difference between OEM product and Full-Packaged Product (FPP)?

ANSWER. OEM products are intended to be preinstalled on hardware before the end user purchases the product. They are “shrink wrapped” and do not come in a box like the retail products do. Full-Packaged Product (FPP) is boxed with CD(s), manuals, and the EULA and is sold in retail stores in individual boxes. The End User License Agreements (commonly referred to as “EULAs”) for OEM and FPP products are slightly different. One main difference is that an OEM operating system license (such as the license for Windows) cannot be transferred from its original PC to another PC. However, the FPP version of Windows may be transferred to another PC as long as the EULA, manual and media (such as the backup CD) accompany the transfer to the other PC. Also, when a customer purchases an OEM product, the OEM license requires the OEM to provide support for the product.

9. Can I transfer my operating system license from an old PC to a new one?

ANSWER. Not unless it was purchased as a Full-Packaged Product from a retail store (i.e., Windows in a box). Current OEM licenses for all Microsoft operating system products are not transferable from one machine to another. The End User License Agreement (EULA) governs the terms for transfer of licenses. Some EULAs for copies of certain older OEM operating system products (i.e., MS-DOS®, Windows® 3.1, and Windows for Workgroups 3.1) distributed in 1995 or earlier may permit transfer of the OEM operating system software license under limited circumstances. (See Software Product Transfer section of your End User License Agreement.)

10. If I “retire” a PC with an OEM license on it, can I use that software on a new PC?

ANSWER. No. To put it simply, OEM product is “married” to the original PC on which it was installed. Current OEM licenses are not transferable from one machine to another. The software cannot be moved from PC to PC, even if the original PC it was installed on is no longer in use. This is true for all OEM software – operating systems and applications.

11. Rather than purchase completely new PCs, my organization performs in-place upgrades to the hardware on many of our computers. We often times only replace the motherboard, processor, and memory. Since the COA is still on the case and the OS is still installed on the hard drive, this computer is still licensed, right?

ANSWER. Generally, you may upgrade or replace all of the hardware components on your computer and maintain the license for the original Microsoft OEM operating system software, with the exception of an upgrade or replacement of the motherboard. An upgrade of the motherboard is considered to result in a "new personal computer." Microsoft OEM operating system software cannot be transferred from one computer to another. Therefore, if the motherboard is upgraded or replaced for reasons other than a defect then a new computer has been created, the original license expires, and a new full operating system license (not upgrade) is required. This is true even if the computer is covered under Software Assurance or other Volume License programs.

More info here...


MS has a detailed list of all EA/ Volume license contracts. I would contact 1-800-426-9400 (Volume License).

QCH

I was typing all that out when you posted Techno....


First... You are correctly imaging. Each PC has an OEM or retail license. Using the Volume license, you create a nice image and put the image on (x) PC’s where (x) is the number of licenses the Volume License contract indicates.

Second… Our old Volume License DID indicates how many licenses. If you need more info I can scan my copy of the Volume License Summary (minus all the numbers ).

Third… Without a contract number, a contact name, or something like that, it may be very difficult to get information from MS…. Sorry.

the_technocrat

Thanks for the info!

Well, I think I'm doing everything I can to be legal, and it sounds like you have a volume license for WinXP Pro, you have to get an OEM copy of WinXP Pro or buy a retail copy for each machine in the organization.

From what you wrote, it looks like the volume license just lets me mess with images and the like, but I still need a license for each machine, OEM WinXP pro or retail WinXP pro.

So to answer my other question, I can't buy a machine with OEM WinXP Home on it and throw XP Pro on there with the volume license. (Hadn't done that yet, glad I asked, of I'd be buying retail WinXP pro...)

OK, I think that pretty much settles that. Thanks all!