Is reselling Retail software ok ?

[Inertia]

I have a customer with a retail version of Windows 8.1 with the 32 bit and 64 bit discs, the seal is broken, and the key has been used once to activate an install on Parallels on a macbook pro.

 

The person who bought the macbook pro decided they didn't like it wiped it, took it back to apple for a refund a few days later and bought a windows laptop instead (Windows 8.1 OEM pre loaded)

 

They have asked me to 'get what i can' for the 8.1 software which they paid

[jakem1]

MS don't allow you to resell used Windows licences and, yes, the new user would have trouble activating. 

[Jim K Global Moderator]

Can I transfer the software to another computer or user? 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. To make that transfer, you must transfer the original media, the certificate of authenticity, the product key and the proof of purchase directly to that other person, without retaining any copies of the software. You may use the backup copy we allow you to make or the media that the software came on to transfer the software. Anytime you transfer the software to a new computer, you must remove the software from the prior computer. You may not transfer the software to share licenses between computers. You may transfer Get Genuine Windows software, Pro Pack or Media Center Pack software only together with the licensed computer

 

http://download.microsoft.com/Documents/UseTerms/Windows_8_English_ca383862-45cf-467e-97d3-386e0e0260a6.pdf

 

I didn't see anywhere in that EULA where you couldn't sell the entire license.

 

Except this blurb:

 

 

9. LIMITED RIGHTS VERSIONS Some versions of the software, like Not for Resale and Academic Edition software, are distributed for limited purposes. You may not sell software marked as

[Eric Veteran]

Yep, as jjkusaf said, just give them the entire contents of the retail package and don't leave the key installed on a machine. It might not hurt to warn the buyer that they may need to use phone activation.

[Torolol]

the problem is that the key already being used,

that key need to be revoked for the new user can activated his windows.

[Jim K Global Moderator]

the problem is that the key already being used,

that key need to be revoked for the new user can activated his windows.

 

No it doesn't.

[LaP]

MS don't allow you to resell used Windows licences and, yes, the new user would have trouble activating. 

 

I bought vista used and had no trouble activating.

[farmeunit]

Typically, you'll get several activations within a certain time period.  I can't remember how many and the time frame, but if it was only activated once, you shouldn't have issues activating again.

[binaryzero]

You'll be fine to palm it off.

[T3X4S]

It boils down to this:


Are you a licensed Microsoft retailer/reseller ?  NO

So, technically - its not allowed. 
Technically, you cant transfer ownership, either.

Of course, most verbiage in disclaimers, and EULA are for attorneys and safeguards protecting the company.  If you were to ask MS - they would say - "NO you cant do that".
However, they couldnt care less than what you do with your 1 license.

Microsoft's team of nasty, blood-sucking lawyers are not going to come after you, or your friend.

I am not telling you what to do and how to subvert the laws, just telling how the world works.

It costs too much for them to care.  Because, caring means manhours dedicated to something that wont bring them any ROI - its business 101.


Like mentioned above - might have to use phone activation - where they can be totally honest with the horribly english-speaking person - say, "yes it was installed before - but that computer is no longer & this is the only computer that will run the OS" case closed.

[Jim K Global Moderator]

It boils down to this:

Are you a licensed Microsoft retailer/reseller ?  NO

So, technically - its not allowed. 

Technically, you cant transfer ownership, either.

Of course, most verbiage in disclaimers, and EULA are for attorneys and safeguards protecting the company.  If you were to ask MS - they would say - "NO you cant do that".

However, they couldnt care less than what you do with your 1 license.

Microsoft's team of nasty, blood-sucking lawyers are not going to come after you, or your friend.

I am not telling you what to do and how to subvert the laws, just telling how the world works.

It costs too much for them to care.  Because, caring means manhours dedicated to something that wont bring them any ROI - its business 101.

Like mentioned above - might have to use phone activation - where they can be totally honest with the horribly english-speaking person - say, "yes it was installed before - but that computer is no longer & this is the only computer that will run the OS" case closed.

 

Where did you get that from?  Because it isn't true.  You can sell your retail license...you do not have to be a licensed Microsoft retailer/reseller

 

http://answers.microsoft.com/en-us/windows/forum/windows_7-windows_install/can-i-sell-a-used-copy-of-windows-vista-or-windows/11b6d8de-cb38-46a9-b3fc-4d74867e9371

 

http://answers.microsoft.com/en-us/windows/forum/windows_7-windows_install/can-i-sell-my-windows-7-disc-after-ive-activated/f25651ff-d214-4a93-bf41-c952e8a780b1

 

EULA which I posted above.

[T3X4S]

Where did you get that from?  Because it isn't true.  You can sell your retail license...you do not have to be a licensed Microsoft retailer/reseller

 

http://answers.microsoft.com/en-us/windows/forum/windows_7-windows_install/can-i-sell-a-used-copy-of-windows-vista-or-windows/11b6d8de-cb38-46a9-b3fc-4d74867e9371

 

http://answers.microsoft.com/en-us/windows/forum/windows_7-windows_install/can-i-sell-my-windows-7-disc-after-ive-activated/f25651ff-d214-4a93-bf41-c952e8a780b1

 

EULA which I posted above.

When we tried to sell unused licenses - we couldnt (store closed down & had many XP licenses) - eBay, craigslist, amazon all balked.

I ASSumed an opened, already licensed serial key would even be trickier.  When we ran into this issue - we were told by various sources that since we were not a licensed MS reseller - we were breaking the law....

 

[LaP]

When we tried to sell unused licenses - we couldnt (store closed down & had many XP licenses) - eBay, craigslist, amazon all balked.

I ASSumed an opened, already licensed serial key would even be trickier.  When we ran into this issue - we were told by various sources that since we were not a licensed MS reseller - we were breaking the law....

 

I don't think you can sell a license only. Specially not an oem license that came with a tower.

 

But you can definitely sell a retail box with its license and proof of purchase.

[Studio384]

I understand you are a retailer? In that case, the answer is no in some countries. Not because Microsoft won't allow it, but because, as a retailer, you can't resell stuff you already sold but which was brought back by a customer with the package opened.

[freak180]

Just sell it anyway. Everyone is so up tight =. If its OEM just tell them to do the phone activation and they should be good to go.

[jamieakers]

You're in the UK so the license agreement on the box means absolutely jack.  Provided you resell the entire package which includes the license key you're good to go.  There's a small chance the new owner will have to do a telephone activation, but provided they have the physical box (the reps may request secondary codes from the license key sticker depending on how much attention they're paying) it will go through just fine.