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

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?

 

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.

 

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.

 

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.

 

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."

 

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
both.

 

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

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safety deserve neither liberty nor safety. -Benjamin Franklin

 

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.

 

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.

 

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 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.

 

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