Q.) I bought the OEM VISTA and the package keeps saying it must be preinstalled using OPK. I have a family/ home computer that has a corrupt XP and I am going to completely remove XP. Will I still need the OPK afterwards?
(Thanks I quess you do not understand I have a fully licensed copy of Vista Premium, but no OPK it is a separate disc used by system builders. I do not want to spend another $90 but I do thank you for all your info and time. I will locate someone who knows about the OPK software and see if they have a copy.)
A.) You Don't understand in order to get this OPK software you need to register as
a PARTNER with Microsoft. OPK lets them install windows onto a new built PC,
add company logos to system info, support information and links as well as
additional software, then 'reseal' the computer for resell.
To more accurately try to answer your question, I have to break it down into
two questions.Question 1 - Do I have to use the OPK (OEM Preinstallation Kit) per the EULA
(End User License Agreement)?
Question 2 - Do I have to use the OPK to physically insert the OEM DVD and
install Vista?
Question 1 - Do I have to use the OPK per the EULA?
The answer to the first question is unclear. The OEM EULA can be found
here:
http://www.microsoft.com/oem/sblicense/OPK/default.mspxI will discuss some of the requirements in the OEM EULA, but you should read
it for yourself and come to your own interpretation.
Per the EULA, you must be a 'system builder' in order to legally install the
OEM software. The definition of a 'system builder' is listed in clause one
of the EULA. The way I read it, almost anybody who builds computers, or
installs software on computers qualifies. A 'reassembler' also qualifies,
whatever that is. Again - read it for yourself.
Per clause six in the EULA, the software must be preinstalled on the
'device' and then be 'distributed' to the end user using the OPK. In a
court of law, and that is where this has to ultimately be determined *not*
by a lawyers interpretation, my interpretation, your interpretation or even
Microsoft's interpretation, it could be argued that you are distributing the
computer to yourself and must therefore use the OPK per the terms of the
licensing agreement. Or it could be argued that you aren't distributing
anything at all and completely bypassing the 'distribution' of Vista. I
know that doesn't answer your question, but it's the best I can do since I
am not a 'court of law'. :-) Bottom line is that it's your call until this
is clarified.
Question 2 - Do I have to use the OPK to physically insert the OEM DVD and
install Vista?
I have heard from one person that you can install the OEM version of Vista
without having to use the OPK, though I don't have first hand knowledge if
that is possible.
One other consideration - If you have opened the package, you can not
'distribute' the software to another system builder or return it for refund
per the EULA. You can try to get a refund if you want, but there is no
obligation to provide you with one. Again read clause one of the EULA for
yourself and don't accept my interpretation.
In my opinion, Microsoft needs two OEM EULA's, one for 'system builders and
resellers' and one for 'end user system builders' that clears up these types
of questions and then no interpretation is needed.
--
Alan Norton
Reviews of ABIT AN8 SLI, ECS P965T-A & Foxconn 975X7AB-8EKRS2H MBs
Vista Confusion, Missing Posts Mysteries & Playing the Rebate Game Articles
Arizona Pics and Cute Animal Pics
http://www.mindspring.com/~anorton1/
