x64-to-Vista: Will clean-install Vista "upgrade" invalidate x64 license?

Discussion in 'Windows 64bit' started by DP, Jul 21, 2006.

  1. DP

    DP Guest

    I realize this is putting the cart about a mile in front of the horse, but
    there are knowledgeable people on the NG who are always willing to help. So
    I will ask this premature question.

    Microsoft has said that x64 users will qualify for "upgrade" pricing to
    Vista but will still have to do a clean install.
    My question is, under those circumstances, does that mean the x64 license is
    invalidated once I install Vista? This question is relevant because if the
    license is invalidated, I can't legally do a dual boot of x64 and Vista,
    right? If I get Vista as an "upgrade" to x64, wouldn't it be safe to assume
    the license for x64 had then migrated to Vista?
    DP, Jul 21, 2006
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  2. Yes, the downside of the cost saved when buying an upgrade edition is the
    tying of the old and new licenses. That is a moot point with XP Pro x64,
    though. All XP Pro x64 licesenses are OEM and OEM licenses cannot be
    transferred to a new computer. So it really doesn't matter in the case you
    are discussing.
    Colin Barnhorst, Jul 21, 2006
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  3. DP

    John Boy Guest

    It is just like it is today. If you go to a
    retail store you usually find either a "full"
    retail package or a "upgrade" package.

    When you buy the "full" package, there is no
    verification of ownership of a "qualifying
    version" to install the new version.

    When you buy the "upgrade" version, you are
    asked to insert a floppy disc or CD from a
    previous "qualifying version" before the install
    will proceed if you are doing a clean install.
    If you use the "upgrade" on a system with
    windows already installed, it won't ask you for
    a disc.

    Neither version affects you previous version
    that I am aware of. You can do a dual/multi
    install and have both the old and new version
    installed at the same time.

    The "Upgrade" version is less expensive that the
    "Full" version. So, you get the "Upgrade" for a
    "Special" price! It's been that way for as long
    as I can remember, even with DOS, both MS & IBM.
    John Boy, Jul 21, 2006
  4. The EULA is clear (see eula.txt: usually in the System32 directory) for all
    versions of Windows: an upgrade replaces any previous licence.
    You may not continue to use any previous qualifying version of Windows in
    your upgrade chain.

    Since the Microsoft database does not link product keys for the old and new
    versions, there is no practical way to prevent continued use of the previous
    versions, but to do so is not lawful.
    Dominic Payer, Jul 21, 2006
  5. DP

    DP Guest

    Well, it does matter, but in a very limited set of circumstances.
    First, in case you didn't see the other thread, MS has said that owners of
    x64 will be able to get a full version of Vista at an upgrade price and will
    have to do a clean install.
    I was thinking that perhaps dual-booting would be nice if I have hardware
    supported by x64 but not Vista. In such a case I would not be able to
    legally dual boot because I would be using the OEM version of x64 and the
    full Vista version that was supposed to replace it via this "upgrade."
    DP, Jul 22, 2006
  6. The upgrade price means you pay less because you are tying the XP Pro x64
    OEM license to the Vista Upgrade license. You are entitled to buy the
    upgrade edition but you are not entitled to run both XP Pro x64 and Vista
    x64, dual boot configuration or otherwise. My advice is that if you want to
    run both buy Vista x64 full edition. You will then be fully licensed for
    Colin Barnhorst, Jul 22, 2006

  7. Without seeing the EULA of this as yet non-existent product, it's not
    possible to give a definitive answer. That said, I don't imagine that
    it would be any different for a Vista Upgrade license than it has always
    been for all earlier Microsoft Upgrade licenses: the license for the
    older, qualifying OS becomes part of (or subsumed by) the upgrade
    license. Under those circumstances, it wouldn't be "kosher" to have a
    separate installation of the older OS.


    Bruce Chambers

    Help us help you:

    They that can give up essential liberty to obtain a little temporary
    safety deserve neither liberty nor safety. -Benjamin Franklin
    Bruce Chambers, Jul 22, 2006
  8. However, in the case of XP Pro x64, there is only an OEM edition. Once he
    uses the rights from the Vista Upgrade EULA his XP Pro x64 license is void.
    The only way he can maintain his XP Pro x64 license is to leave the OS
    intact and install a full edition of Vista.
    Colin Barnhorst, Jul 22, 2006
  9. DP

    DP Guest

    Thanks everybody.
    I think not only did I put the cart before the horse. I beat the horse to
    death and then kept on beating.

    I think the answer is clear: I can't legally use both.

    Now I'll just sit back and see what kind of upgrade price MS offers x64
    users when Vista finally goes retail.
    DP, Jul 22, 2006
  10. Home Basic should be $99 for an upgrade the way I read the matrix and recent
    statements from MS. Ultimate upgrade should be around $249 (just a guess).
    Colin Barnhorst, Jul 22, 2006
  11. Colin is absolutely correct. There's no magic here. If you want to use two
    software products, you need to have two licenses. If you want both XP and
    Vista, you'll need to buy both XP and Vista. And if you use XP as your base
    for upgrading to Vista, thus saving a significant amount of money, then you
    lose the license to use XP. Simple, and clear.

    The installation process is a completely unrelated issue. It has _nothing_
    to do with whether you bought an upgrade version or a full version.
    Charlie Russel - MVP, Jul 22, 2006
  12. DP

    Aaron Kelley Guest

    The Windows XP x64 license says that if it is used as the base for an
    upgrade, then you can't use it anymore. Doesn't matter what the Vista
    license says.

    That said, it's not quite true that there are only OEM copies of Windows XP
    x64 (since there was some discussion about this in this thread). I am using
    an academic version that I obtained through a licensing agreement that my
    university has with Microsoft. I am allowed to use it on one home PC as
    long as I am still qualified as an academic user, but the license does say
    that I am allowed to move it to a different machine if I like.

    - Aaron
    Aaron Kelley, Jul 23, 2006
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