If a RETAIL WIN8 is upgraded with the free offer to WIN10, can that WIN10 later be transferred to another PC.

In my case, I have a single PC with two removable SSD's.

One SSD has Win 7 Pro (OEM) installed, and the other has Win 8.1 Pro (Retail).

I insert the appropriate SSD and boot to the OS required at the time.

If Windows 10 is really the best of Windows 7 and 8 combined, then I shouldn't need 2 OS's. This will leave me with a spare Full Retail OS for use on a future build, which I would obviously prefer to be the new Windows 10 if possible.

I believe I can do the following legally;

a.   Upgrade Win 8.1 Pro (Retail) to Win 10 Pro using the free upgrade offer. It should retain its "Retail" status.

b.   Uninstall the upgraded Win 10 Pro (Retail) and set the license aside for transfer to another PC (ie For use on a future build, probably after the free upgrade offer has expired)

c.   Upgrade Win 7 OEM to Win 10 using the free upgrade offer, and use this on my current PC

Can anyone confirm yes/no to the above?

As far as I can see Microsoft just keeps repeating rhetoric such as "the upgraded OS will be free to use for the lifetime of the device" which seems to indicate my Retail status might be reduced to OEM.

 

Question Info


Last updated December 27, 2017 Views 392 Applies to:

When I upgrade a preinstalled (OEM) or retail version of Windows 7 or Windows 8/8.1 license to Windows 10, does that license remain OEM or become a retail license?

If you upgrade from a OEM or retail version of Windows 7 or Windows 8/8.1 to the free Windows 10 upgrade this summer, the license is consumed into it. Because the free upgrade is derived from the base qualifying license, Windows 10 will carry that licensing too.

If you upgrade from a retail version, it carries the rights of a retail version.

If you upgrade from a OEM version, it carries the rights of a OEM version.

Full version (Retail):

- Includes transfer rights to another computer.

- Doesn't require a previous qualifying version of Windows.

- Expensive

Upgrade version (Retail):

- Includes transfer rights to another computer.

- require a previous qualifying version of Windows.

- Expensive, but cheaper than full version

OEM :

OEM versions of Windows are identical to Full License Retail versions except for the following:

- OEM versions do not offer any free Microsoft direct support from Microsoft support personnel

- OEM licenses are tied to the very first computer you install and activate it on

- OEM versions allow all hardware upgrades except for an upgrade to a different model motherboard

- OEM versions cannot be used to directly upgrade from an older Windows operating system

What happens if I change my motherboard?

As it pertains to the OEM licenses this will invalidate the Windows 10 upgrade license because it will no longer have a previous base qualifying license which is required for the free upgrade. You will then have to purchase a full retail Windows 10 license. If the base qualifying license (Windows 7 or Windows 8.1) was a full retail version, then yes, you can transfer it.

From the end user license agreement:

15. UPGRADES. To use upgrade software, you must first be licensed for the software that is eligible for the upgrade. Upon upgrade, this agreement takes the place of the agreement for the software you upgraded from. After you upgrade, you may no longer use the software you upgraded from.

17. TRANSFER TO ANOTHER COMPUTER. a. Software Other than Windows Anytime Upgrade. You may transfer the software and install it on another computer for your use. That computer becomes the licensed computer. You may not do so to share this license between computers.

Best,
Andre
Windows Insider MVP
MVP-Windows and Devices for IT
twitter/adacosta
groovypost.com

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Thanks Andre

Very informative except for the main thing I want to know.

So I will ask it in another way.

The last paragraph of your answer states the following;

17. TRANSFER TO ANOTHER COMPUTER. a. Software Other than Windows Anytime Upgrade. You may transfer the software and install it on another computer for your use. That computer becomes the licensed computer. You may not do so to share this license between computers.

Notice I have highlighted the word "it"

OK, so what does "it" refer to?

   Does "it" refer to the newly upgraded Windows 10 license (if so, thanks Microsoft for being so ethical for a change)

           OR

   Does "it" refer to the original Windows 8 license, meaning I would then need to purchase an upgrade to Windows 10 if the free offer has expired when I transfer to a new PC (if so, that is typical of Microsoft being Microsoft)

Is there a short concise answer, or are we poor gullible customers doomed to be forever kept in the dark and fed on bullsh&t!!!!!

This whole "free upgrade" business just smells of a secret agenda to trap the unwary.

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that is an extract from the Microsoft end user license agreement. It refers to the software being transferred, in this case windows 10.

effectively your windows 8.1 license becomes a windows 10 license with the same rules as you had with your windows 8.1 license.

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I hope you're correct Martmcd however, I have a couple of concerns with your views

Firstly, which EULA is this extracted from. Windows 10 is yet to be released, so who knows what the final EULA will contain.

Secondly, it specifically excludes "Windows Anytime Upgrades" from these provisions. And the free Windows 10 Upgrade certainly seems like a Windows Anytime Upgrade to me, albeit at no cost.

Thirdly, if all is ethical and above board, and the Windows 10 license will inherit the same status as the source license, why will Microsoft not say so. Clearly and simply YES or NO.

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I have just had a chat with Microsofts answer desk specifically about EULA for Windows 10,

the best she could tell me  (after trying to find out) was "You will find the EULA before the installation."

and later gave me this link - http://www.microsoft.com/en-gb/windows/windows-10-upgrade?wt.mc_id=CSSBUILD_TS which you might recognise as the link to how to upgrade.

I don't know which EULA Andre extracted that from but think it is from windows 8

this clears nothing up, and just shows that I am unable to answer your question.

I can give you an educated guess on the last point - Microsoft, like all large corporations have a large and powerful legal department that will not allow Microsoft to give a Yes or No  answer to anything, if they don't leave any ambiguity they cant fight it later.

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Well it's been over a week now, and nobody from Microsoft has bothered to answer what is a fairly simple question.

From this lack of response I can only surmise that the answer is NO, but they prefer that we do not know this.

Beware which licenses you use in the upgrade. Get some cheap OEM licenses for the upgrade and don't sacrifice your expensive Retail FPP's until we see exactly how the upgrade process proceeds.

I can see this "free" upgrade is going to cost us a packet. Microsoft never do anything that doesn't bring in lots of money, and that can only come from one place.

Martmcd, there might be some truth in your legal department comment, but hiding behind lawyers just highlights the guilt and unethicalness (did I just invent a new word) of these large corporations.

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Bump. This needs to be addressed ASAP. Once Intel Skylake gets released I will be upgrading and I need to know if I'm going to be able to move my drives and other leftover hardware over and keep my existing Win10 Pro version(after a fresh install of course) or not. If not I'll have to wait to install Win10 Pro. I'm currently running Win7 Ultimate Retail and need to know for sure if I'm going to be able to use the key like I have before with my retail key. If it binds to my current motherboard when upgrading I'm going to be really upset. Someone from microsoft needs to reply and let us know. I will most likely be changing hardware quite often once or twice a year. So I need to know ASAP.

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Got an email from Microsoft today with the following message;

"Hello KenHawkins1331:
Remember that question you asked on Microsoft Community a few days ago?

We noticed that the question hasn't been marked as Answered yet and we were wondering if you resolved the issue.

Thanks for being a member of Microsoft Community!
Sincerely,
The Microsoft Community Team"

Well, the answer is NO, it hasn't been answered yet because nobody from Microsoft has bothered to answer it.

I am new to this Microsoft Community forum, but it is already patently obvious that if our queries are not going to be answered by somebody with a bit of authority from Microsoft, then the whole thing is just a waste of time.

All the threads I've looked at are full of conjecture and assumptions because Microsoft will not provide simple answers to what are mostly very simple questions. WHY?

As far as I am concerned, anybody who hides behind legal gobbledegook rather than supplying simple concise straightforward answers, is trying to cheat and should not be trusted.

So Microsoft, if you could please answer my original question (which, after all, is what I thought was supposed to happen in a "Microsoft Community Forum") then I would be only too pleased to mark the question as answered.

Looking forward to hearing from you.

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