Does a full, retail license of Windows 8 exist? (Not OEM, not upgrade)
2014-05
Philip
Ever since the days of Windows 95, Microsoft has distinguished between an OEM license, an upgrade, and a full version. Here's the difference as I understand it:
- Upgrade license: Requires you to own a previous eligible version of Windows. Carried in stores. (Here's a Windows 7 Upgrade.)
- OEM license: Does not require you to own any previous version of Windows. Not transferable to another PC; locked to the motherboard. Not carried in stores. (Here's a Windows 7 OEM license from Newegg.)
- Retail license: Does not require you to own any previous version of Windows. Transferable to another PC, as long as the previous installation is decommissioned. Carried in stores. (Here's a Windows 7 full product.)
With Windows 8, the landscape seems different. I can find the Upgrade license, both on Microsoft Store and on Newegg, which requires you to own Windows XP or higher. I can also find the OEM (System Builder) license on Newegg.
But I cannot find a retail license anywhere! Does one exist? Is it an antiquated concept? What can one do if they build machines themselves but want to retain the freedom to move the Windows 8 license to a new machine down the line? Seeing as how Windows XP's lifetime is 10+ years, this isn't unreasonable at all.
Bob
(I Am Not A Lawyer. This is my interpretation of the EULAs Microsoft have released on their website, and may not be legally sound. Additionally, the online EULA I reference may not match the specific terms you agree to; please read the licence terms included with your copy.)
Ok, let's clarify things. Hopefully for the last time.
There are two licences:
Upgrade
You must have a preexisting XP/Vista/7 licence/installation.
System Builder
Can be installed on a clean computer. Split into OEM and Personal Use.
There are additional licences distributed by large OEMs that have their own contracts with Microsoft, such as Dell, HP, Lenovo, etc.. Those remain more or less the same and will not be covered by this answer. As long as you buy the licence/disk separate from the computer, it is under Personal Use, not OEM.
Traditionally, there was a System Builder licence used by OEMs (typically smaller shops, since large manufacturers tend to have their own contracts). And then there was a full retail licence used by home users. What has been reported is that the removal of the retail licence, 'forcing' users to use the OEM licence with all its restrictions. This is incorrect.
Yes, the traditional 'retail licence' has been removed. Yes, home users must now buy a System Builder licence. No, that is not an OEM licence (practically speaking). Home users who purchase a copy of Windows 8 separate from their computer fall under the Personal Use section of the System Builder licence, which is more or less the same as the traditional 'retail' licence. It just got renamed and consolidated with the OEM licence into one package/price. You still have the same right to support from Microsoft and right to transfer the licence you would have had on the traditional retail licence.1
Now, to address the misconception that the System Builder licence is an OEM licence. For all intents and purposes, it is not. For previous versions of Windows, yes, but not for Windows 8.
Now, firstly, if you were to look at the System Builder licence you would find it here. That is the OEM licensing page. Disconcerting, yes?
However, if you actually read the licence, it states:
If you are not a system builder and are installing this product for personal use, refer to www.windows.com/personaluselicense for terms that apply to you
So, the OEM part of the licence only applies to OEMs! What a surprise!
Now, on to the personal use licence. This is the equivalent of the traditional retail licence, both in terms and in spirit. There are several parts that were part of Windows 7's retail licence, but not OEM, that are in here:
You can install it in a virtual machine
Under our license, we grant you the right to install and run that one copy on one computer (the licensed computer) as the operating system on a computer that you build for your personal use, or as an additional operating system running on a local virtual machine or a separate partition, subject to the restrictions outlined under “Are there things I’m not allowed to do with the software?”
You can transfer the licence to another machine
Can I transfer the software to another computer or user?
You may transfer the software to another computer that belongs to you. You may also transfer the software (together with the license) to a computer owned by someone else if a) you are the first licensed user of the software and b) the new user agrees to the terms of this agreement. To make that transfer, you must transfer the original media, the certificate of authenticity, the product key and the proof of purchase directly to that other person, without retaining any copies of the software. You may use the backup copy we allow you to make or the media that the software came on to transfer the software. Anytime you transfer the software to a new computer, you must remove the software from the prior computer. You may not transfer the software to share licenses between computers. You may transfer Get Genuine Windows software, Pro Pack or Media Center Pack software only together with the licensed computer.
Microsoft will provide support1
Microsoft provides limited support services for properly licensed software as described at support.microsoft.com/common/international.aspx.
This is in contrast to the OEM licence, which states that the builder must support the end user.
Let me reiterate. The Personal Use licence is practically the same as the traditional retail licence. It is not an OEM licence.
1(Note: the support is described as 'limited' in the EULA, and apparently there is a message on the box saying there is no support. See the comments under this answer for further details.)
Zuck
Use the System Builder license, it is more cheaper than the old Retail editions that Microsoft used to offer in previous versions of Windows:
Also, you can use the Windows Upgrade Assistant to buy an upgrade license on one PC and use the product key on a different PC.
Moab
Does a full, retail license of Windows 8 exist? (Not OEM, not upgrade)
. EDIT:
No, there will be no Full Retail licence for Windows 8 like there was for XP, Vista and W7 only "System Builder" for W8 as previously mentioned, which appears to allow moving to other hardware. See link in Bob's answer below for documentation for the System Builder license.
The majority of consumers buying the retail license are looking to upgrade. For Windows 8, Microsoft will therefore only offer an upgrade version of Windows 8 through the retail channel. This is the license an end user would purchase who wants to upgrade their current PC from a prior version of Windows to Windows 8.
As previously announced, the lineup does not include a full package product (FPP) SKU for retail purchase. Instead, consumers will be allowed to buy the OEM product, install it on a new PC or in a virtual machine, and take advantage of the Personal Use Rights section of the OEM license. That represents a significant savings for consumers, who can pay $140 for a full license for Windows 8 Pro rather than $275 for the full retail package.
Canadian Luke
Windows 8.1 adds the full retail version again.
Since a Windows 8 and Windows 8.1 license are effectively equivalent (if you have a license to one, you have a license to the other), this means that you don't have to be a "System Builder" to buy a brand new boxed copy of Windows 8(.1) (or the digital download if you prefer) for a computer that has no Windows license whatsoever.
Joey
Yes, it exists. There are the System Builder DVDs:
Oddly enough, they don't seem to exist in Microsoft's own store (or I'm too stupid to find them).
pratnala
It is called System Builder now. This link says system builder is same as retail. But, please cross check it
user228978
WallMart sells full version retail Win 8 in larger stores - $199 for pro. License is similar or same as personal license.
Bryan
Say that I'd recently purchased 10 PCs from a retailer, but ordered them without any OEM operating systems, am I then at a later date allowed to go back to the same retailer and purchase 10 copies of OEM Windows, and legally install them on those PCs, or can I only legally use OEM copies of Windows that were purchased at the same time as the computer?
I would have thought I couldn't do this after the event, but if that is the case, why do many retailers (including big companies such as Dell) allow consumers to purchase OEM copies of Windows via their website without purchasing any hardware at the same time?
If there are any constraints, (e.g. you only have a limited time in which you can do this), what are they?
Edit: Additional Background Info (although, this makes the question more suitable for SF now)...
I'm about to enter a Microsoft Open Value Licensing Agreement, but all the OS licenses available under OVL are upgrade only. So I either go back to the supplier (Dell, as it happens) and purchase OEM copies, or I purchase the cheapest retail OS I can find that I can legally upgrade to Windows 7 Pro. I expect I can get OEM copies cheaper, but I need to ensure that whatever option I choose, that the business is license compliant.
techie007
I work for an MS OEM, so I'll share my understanding of this according to our experiences, including selling single OEM copies without hardware. Hopefully it'll make sense. ;)
As an OEM you can sell the OEM version as part of the system sold up to 30 days after the hardware has been sold (to help avoid "whoops I forgot to order Windows with this" scenarios). So even though it was sold after the fact, it still becomes 'part of the system' and the OEM who sold you the equipment will be taking on the responsibility of supporting that OEM copy of Windows.
You have always been able to buy OEM packs of Windows as an 'end-user' without hardware, but they used to only come in like 10 and 30 packs, so most end-users wouldn't buy those packs. More recently (last couple/few years) they (MS) started producing a "1-pack" so that it became more attractive to small OEMs.
The thing is, when you buy a single OEM copy like that (or a 10 pack, etc.) it will be sealed, and by breaking that seal you agree to become the "OEM" supplier for that copy of Windows, and are responsible for supporting it yourself (ie: no free MS help if you have problems), and ensuring it's legally distributed (if you resell it).
One of our hardware customers is a large university and so we deal with Open Volume Licensing quite a bit, and since it requires a preexisting OS they (currently) buy 7 Home Basic OEM with their machines as it's the cheapest, and it can legally be used as the base OS to upgrade to the OVL Windows 7 version.
So we sell it to them with Home Basic, but we install Enterprise for them before delivery as an extra service. 'Home' never actually touches the hardware (aside from the OEM stickers, which we HAVE to apply by the OEM re-sale rules). And this procedure has all been blessed by Microsoft. :)
Anyway, if you bought the machines less than 30-days ago you should be able to go back to the OEM and get the order 'amended' or alike to include the OEM copies of Windows. But since you are just replacing the OEM license with OVL, you might as well just buy a 10-pack and call yourself the OEM. :)
Hope that helps...
tobylane
They would depend on the contract the OEM has with M$. You may find out these limits when you add the OEM copy you saw in the store to the checkout.
If it's a generally viewable item (ie not after logging in to an account that has bought things), then I'd expect no time limit. But do you really want to be buying OEM copies? If there is any difference at all, its crapware.
ChrisF
Say that I'd recently purchased 10 PCs from a retailer, but ordered them without any OEM operating system, am I then at a later date allowed to then go back to the same retailer and purchase 10 copies of OEM Windows, and legally install them on those PCs
Yes. But sometimes you're required to purchase OEM software with the hardware.
I would have thought I couldn't, but if that is the case, why do many retailers (including big companies such as Dell) allow consumers to purchase OEM copies of Windows via their website without purchasing any hardware?
Re-installations, upgrades, and it's good business. They (the retailer) usually have a deal with Microsoft to purchase licenses and software in bulk, for consumer resale.
Kara Marfia
Be careful with OEM versions if you plan on using any form of MS distribution. Buried in the fine print, you'll find that no MS imaging or distribution mechanisms are supported with the OEM version of the OS.
What this could mean is that those OEM licenses aren't viable for upgrade for the purposes of OVL. Your best bet will be to talk to your MS rep and find out ahead of time. Either they'll be able to punch those OEM licenses into the system or they won't - and it's MS: if they cared about whether you were going to use OEM licenses, they'll have made it impossible. If it's possible, they don't care and they'll tell you.