OEM software purchased from site "B" legal?

[jim.mar]

I just assembled a new computer for myself using parts purchased form Part House "A".  At that time I also purchased an OEM copy of Windows 7 from the same parts house ("A").  Later I went shopping for an OEM copy of Microsoft Office 2007 which I found much cheaper at site "B".  Question is it legal for me to buy the cheaper version from "B"??   They say it is legitimate Microsoft software in its original packaging.  This is my first attempt at building a machine and I am not versed in these intracacies.  Thank you for reading this and for any advise that you may have.   

[Chrisxs5]

Yes, as long as you hold the license it is legal to install the software on as many PC's that the license allows. It does not matter that they were purchased seperately.

[soybean]

OEM version of Office?  I don't believe there is such a thing.  So, I'd suspect this is illegal software.  Would you care to name source "B"? 

Now, Window OS, on the other hand, is issued on OEM editions.

[Salmon Trout]

OEM version of Office?  I don't believe there is such a thing.

The software is the same, there is no "OEM version", what is different is the licensing. Unlike retail versions, OEM software is tied to one specific machine and can never be moved. OEM Microsoft Office and OEM Microsoft Windows software can only be sold with a fully assembled computer system. The software must be pre-installed onto the fully assembled system before distribution to a customer and it must be installed using the included OEM Pre-Installation Kit (OPK). In the OEM End-User License Agreement (EULA), there is a clause that states that if you acquire the OEM software without the qualifying hardware (in this case a fully assembled computer system), you cannot use the software. The qualifying hardware must be a computer system consisting of at least a central processing unit, a motherboard, an internally mounted SSD or revolving hard drive, a power supply, and a case. Not a cable or a hard drive.

[Chrisxs5]

I dont believe the product is OEM software, The key here is "Original Packaging" Actual OEM software does not come in original packaging. I have found that a lot of companies are using "OEM" very loosely since it generally imply's the product to be sold cheaply or at a discount. Also OEM usually doesn't come with the license. If you have the license in hand then you are legally aloud to have that installed on the number of PC it allows. But I believe the best way to solve your question is with one of these to options:

1. Research the company and make the call based on legalality and morals.
2. If looks bad, smells bad and taste bad, odds are it's bad. Walk away.

[soybean]

The software is the same, there is no "OEM version", what is different is the licensing. Unlike retail versions, OEM software is tied to one specific machine and can never be moved. OEM Microsoft Office and OEM Microsoft Windows software can only be sold with a fully assembled computer system. The software must be pre-installed onto the fully assembled system before distribution to a customer and it must be installed using the included OEM Pre-Installation Kit (OPK). In the OEM End-User License Agreement (EULA), there is a clause that states that if you acquire the OEM software without the qualifying hardware (in this case a fully assembled computer system), you cannot use the software. The qualifying hardware must be a computer system consisting of at least a central processing unit, a motherboard, an internally mounted SSD or revolving hard drive, a power supply, and a case. Not a cable or a hard drive.

Right, I was aware of all that.  I know the Windows OS can be purchased in the OEM version, but I was questioning whether Microsoft Office is sold that way.  I don't believe it is.  So, if someone is seeing some seller offering and OEM version of Office, I'd suggest they be very leery of it.  And, yes, as far as I know, Office can be purchased under a volume/multi-user/corporate license which would allow installing the software on multiple computers.  But, that's not "OEM" since it does not involve the restrictions you mentioned (can never be moved to another machine, and the purchase-with-hardware requirements). 

If I look at software sold by a reputable seller such as newegg.com, I see the Windows OS being sold both in "Retail" and "OEM" versions. I do not see an OEM offering for MS Office.

[rthompson80819]

I don't believe Office was ever sold as OEM, but Works, which is similar was.

[Salmon Trout]

If I look at software sold by a reputable seller such as newegg.com, I see the Windows OS being sold both in "Retail" and "OEM" versions. I do not see an OEM offering for MS Office.

You won't, because such a thing could not exist. An "OEM" install of MS Office would be installed on the machine prior to sale using the SDK. There are no "OEM" install CDs for MS Office.

[Salmon Trout]

I don't believe Office was ever sold as OEM, but Works, which is similar was.

Yes it was (and is) MS Office 2007 and 2010.

Microsoft OEM System Builder software is licensed to system builders through the license that is affixed to the side of all OEM System Builder packs. Most OEM System Builder software contains an identical software license—the same license covers multiple products.

For example, the same license covers Windows desktop and server licenses, as well as the 2007 Microsoft Office system and other products. This license covers the system builder's right to distribute the software. The OEM System Builder License is an agreement between Microsoft and you, the system builder.

[jim.mar]

Thanks guys.   Well I am getting more confused by the minute.   I bought the hardware from Newegg (A) and found the software on ebay (B). With the qualifying statement:
     
  "In accordance with Microsoft's policy for an OEM item, your purchase will include an as is non working hard drive, motherboard or other qualifying component of our choise." 
 
 
I made the purchase but it did not arrive with any "non working hard drive,motherboard or other qualifying component of our choise."   
 
(It was Office pro 2003 not 2007 as I stated.)

[Salmon Trout]

Well I am getting more confused by the minute.

Why? It's simple. There is no OEM Microsoft Office available to buy. Whatever you buy described as that is pirated. System builders can supply it on a prebuilt complete system ONLY. Not a "component". You have been told all this. If you choose not to believe any of it, go ahead. What some bozo said on Ebay about Microsoft's "policy" means nothing. You have bought pirate software.

[BC_Programmer]

There is no such thing as OEM office; the correct term, I think, would be Volume Licensed (I believe the correct term is Direct Service Provider)- basically, the manufacturer "buys" the licenses in bulk to preinstall on their computers, which they then sell to the consumer; there are special terms in said license between MS and the manufacturer to allow for this implicit transfer of ownership from the manufacturer to the eventual customer; additionally, these versions, just like the SLIC activated versions of windows that most manufacturers use, come pre-activated.

The confusion here is because OEM & DSP are often used interchangeably- but the software itself is marketed along different channels.
OEM is sold to major computer manufacturers. It is labeled with the manufacturers name (Dell, Gateway), and they supply support for the product. The interesting bit here is that although copies of many MS products are called "OEM" there is no "OEM" label anywhere on the disk itself; these are truly, DSP products.


DSP Direct Service Provider software is provided to smaller computer builders, upgraders, service professionals and consultants. It has no branding, the installer still provides some support to the end user.
The requirements for the different manufacturers for the legal sale of this type of software almost always includes that it be bundled with hardware when sold to the end user.

If you are a hobbyist building and selling computers, or a large company with an IT department DSP software is okay as I understand it.
The dangers are in two areas. First the license is to prevent retail sales of OEM/DSP software to individuals (because it then competes with the manufacturers offerings). The other is fraudulent offering of the software for sale, e.g. A person buys a computer that has preinstalled software, and receives the disks with it. He then tries to sell these OEM disks, when the license has already been used, and the transaction doesnt involve the sale of the computer.
Microsoft software must always have the COA, and the license determines the number of users, who provides what kind of support, and the requirements for a legal transaction.

The bold part I suspect is what may have possibly transpired here.

[Geek-9pm]

There is no such thing as OEM office; the correct term, I think, would be Volume Licensed (I believe the correct term is Direct Service Provider)....

Microsoft Office 2007 Basic OEM License Only
Legit from tiger direct. No CD, just the license.

[BC_Programmer]

Microsoft Office 2007 Basic OEM License Only
Legit from tiger direct. No CD, just the license.

OEM=VLK/DSP in those contexts.

also: Welcome back 

[Geek-9pm]

Thanks, good to be back. Lost my cookie.

Here is a related item of interest. And it is legit.

Microsoft HOME USE PROGRAM
Download FAQ's
Order Information
   
Who qualifies for the Home Use Program (HUP)?
The Home Use Program is a Software Assurance benefit available to Microsoft volume licensing customers with active Software Assurance coverage on their Office applications.  Employees who use the covered licenses at work are eligible to purchase these Office applications for use on a home PC during the term of their employment.  This temporary license expires with the employers Software Assurance coverage, or upon termination of employment with the covered customer.
   
How many products can I purchase?
Eligible customers are allowed to purchase one of each product available from the online store.
   
Why do I have to provide my work email address and program code?
To validate you are an eligible employee, we must verify your email domain and program code is from an eligible, participating Microsoft customer.
   
Where do I get my eligible program code?
The benefits administrator responsible for managing the Home Use Program for your company can provide you the appropriate program code for your purchase.
   
Are these products limited license(s)/version(s)?
The functionality of the products available via HUP matches those of retail versions, and provide all the benefits you would receive if you bought it at the store. However, your right to use this software is tied to your company’s continued Software Assurance coverage and your continued employment with that company. Your employer will notify you if their Software Assurance coverage expires.
   
When will I receive my back-up media?
If you purchased back-up media, it can take 1 - 2 weeks to receive it depending on your location and method of delivery.
.....
http://www.microsofthup.com

You can get the HUP for under $20 from MS via Digital River.