43 minutes ago, felix9 wrote
IANAL but I'm afraid thats not legal,
1, your license was 'bound' to your old pc when you install the pro, you can't 'transfer' it to another pc, AFAIK,
2, even if you have not really installed the pro, you just have a upgrade media with upgrade license but never used, even then, installing the upgrade version on a fresh new pc, without a home version license bound to it, is still illegel, AFAIK.
IANAL either, but the EULA that comes with the Pro upgrade is interesting (available at http://www.microsoft.com/en-us/legal/intellectualproperty/UseTerms/default.aspx):
The software covered by this agreement is an upgrade to your existing operating system software, so the upgrade replaces the original software that you are upgrading. You do not retain any rights to the original software after you have upgraded and you may not continue to use it or transfer it in any way. This agreement governs your rights to use the upgrade software and replaces the agreement for the software from which you upgraded. After you complete your upgrade, additional software will be required to playback or record certain types of media, including DVDs.
This is basically saying that when you install the Pro upgrade, it replaces not only the preinstalled OS, but also strips your right to continue using the preinstalled OS, and explicitly replaces the existing EULA. By replacing the OEM EULA, the language binding the license to the machine disappears (because the license it's in disappears). The upgrade can therefore be transferred under the terms of the next paragraph in the EULA packaged with the upgrade:
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.
This is basically saying you can transfer the upgrade as long as all of the other license conditions are met: e.g. you remove the upgrade from the PC you installed it on, and only use it to upgrade a qualifying licensed version of Windows on another PC.
So, if you have a computer that came preinstalled with Windows 8, and you upgraded to Windows 8 Pro, by the letter of the EULA packaged with the upgrade, removing the Windows 8 Pro from the first machine and then upgrading a new machine with Windows 8 preinstalled to Windows 8 Pro with the same license is acceptable within the terms of the license.
The *real* wrinkle in the EULA is the fact that it makes no provision for the restoration of the OEM non pro license on the original computer when the upgrade is legally transferred to the new one. A strict reading of this EULA says you can transfer the Windows 8 Pro upgrade to the new computer, but you can no longer even use the original Windows 8 that shipped on the original machine because it became null upon upgrade. In practice, however, I'm thinking Microsoft wouldn't care much if you used your Dell restore CD to put your Optiplex back to factory condition.
Edit to add: Translation: The EULA says you can transfer the upgrade in order to upgrade another Windows 8 non-pro PC, but strictly EULA speaking, you legally brick the old PC for both Pro and the originally shipped OS.