Not meaning to throw a wrench in here but, understand the motherboard is the heart of a computer and as such, when you elect to "upgrade" your computer by installing a new board, you are in effect, building a new computer, even if all other parts were pulled off an older computer. And as a new computer, it
have a new Windows license. You CANNOT transfer a OEM/System builder Windows license to a new motherboard. Only the "full Retail" license, which most people do not have, can be transferred. So make sure a legitimate license is in the budget.
The question (and often heated discussion) of the legality of transferring OEM licenses to upgraded or new computers comes up a lot. So I have created the following canned text with links to sources to settle any questions - until the next unfamiliar person comes along.
OEM (System Builder) licenses are
not transferable. A new motherboard, as seen below, constitutes a new computer. Therefore, when you "upgrade" the motherboard, if your current Windows license is an OEM or Upgrade license tied to a qualifying OEM, you
MUST purchase a new Windows license, or use one of the many free Linux alternatives. You can replace everything else (case, CPU, PSU, RAM, graphics card, HDs) and not require a new license. Just
not the motherboard. This applies to OEM (System Builder) and Upgrade licenses. Only "full retail" licenses can be transferred to another computer, but only if all previous installations have been removed.
The
only exception to this is if the original motherboard failed and you are
replacing it as part of a repair action with an
identical motherboard (or a suitable substitute as recommended by the original motherboard or PC maker if original board is out of production and no longer available). If it is not an identical replacement board
for one that has failed (or a recommended substitute from the same maker), and it is not an official "full retail" license of Windows, then a new Windows license
MUST be purchased! OEM (System Builder) Licenses are
not transferable to another computer.
Note the following:
Microsoft Knowledge Base Article 824125, near the bottom under More Information (my
bold added),
Users who run a Microsoft Original Equipment Manufacturer (OEM) operating system may upgrade or replace most of the hardware components on the computer and still maintain the license for the original Microsoft OEM operating system software provided by the OEM, with the exception of an upgrade or a replacement of the motherboard. An upgrade or a replacement of the motherboard is considered to create a new personal computer. Therefore, Microsoft OEM operating system software cannot be transferred from another computer. If the motherboard is upgraded or replaced for reasons other than a defect then a new computer is created, and a new operating system license is required. If the motherboard is replaced because of a defect, the user does not need to acquire a new operating system license for the computer. The motherboard replacement must be the same make and model, or the same manufacturer’s replacement or equivalent, as defined by that manufacturer’s warranty.
Microsoft OEM Licensing FAQ, under System Builder Licensing, 8th Q&A,
Q. Can a PC with an OEM Windows operating system have its motherboard upgraded and keep the same license? What if it was replaced because it was defective?
A. Generally, an end user can upgrade or replace all of the hardware components on a computer—except the motherboard—and still retain the license for the original Microsoft OEM operating system software. If the motherboard is upgraded or replaced for reasons other than a defect, then a new computer has been created. Microsoft OEM operating system software cannot be transferred to the new computer, and the license of new operating system software is required. If the motherboard is replaced because it is defective, you do not need to acquire a new operating system license for the PC as long as the replacement motherboard is the same make/model or the same manufacturer's replacement/equivalent, as defined by the manufacturer's warranty.
The reason for this licensing rule primarily relates to the End User Software License Terms and the support of the software covered by that End User Software License Terms. The End User Software License Terms is a set of usage rights granted to the end user by the PC manufacturer and relates only to rights for that software as installed on that particular PC. The system builder is required to support the software on the original PC. Understanding that end users, over time, upgrade their PCs with different components, Microsoft needed to have one base component "left standing" that would still define the original PC. Since the motherboard contains the CPU and is the "heart and soul" of the PC, when the motherboard is replaced (for reasons other than defect) a new PC is essentially created. The original system builder did not manufacture this new PC, and therefore cannot be expected to support it.
For more information about the differences between OEM and full retail licenses, see this
FAQ and note question 11.
I understand this is counter to what many have long believed, but it has
always been this way - read your EULAs. OEM - Original Equipment Manufacturing - licenses are for just that, "
Original Equipment". It is important to note too that OEM versions are sold at substantial discounts. If transferability is important, you must buy a full retail version.
If you have purchased other software, it may not be transferable either. The exception for Windows is
IF your current version is a "retail" full (not upgrade) copy, and you completely remove it from the old computer.
So, to be clear, if your current version of Windows is an OEM (also called "System Builders") version of Windows that came with or was purchased for your old computer/motherboard, you cannot legally transfer that license to your new computer. This applies to Upgrade licenses too as they are directly tied to the license they are upgrading. This means you cannot install it (or the old drive it is currently installed on) on the computer with the new motherboard.
NOTE - While technically installing an OEM version on a new computer is possible, it is NOT legal and is considered stealing. "
Intellectual Property" laws are universal. This means if you live in the United States, a member country of the European Union, and/or a member country of the United Nations, it applies to you. Check your
EULA. In all cases, it will say something similar to this seen for Windows 7 Professional, (their
bold),
By using the software, you accept these terms. If you do not accept them, do not use the software.
The software license is permanently assigned to the computer with which the software is distributed. That computer is the “licensed computer.”
The software may include more than one version, such as 32-bit and 64-bit. You may use only one version at one time.
It is important to note you do not own the software, you own a license to use it. And by using it, you agree to the terms of the license.
Note this is an industry policy, not just Microsoft's. And please note,
I am just the messenger!
