If I were to upgrade my OEM version of Vista with a retail upgrade version of Windows 7 when it releases, would the OEM hardware restrictions still apply?

Nope. However, if you obtain the upgrade from your OEM manufacturer (If you are eligible for free upgrade), the hardware restriction will still apply.

What hardware restrictions?

Yes, it's still apply after the upgrade.

Yes, it's still apply after the upgrade. Are you sure? An UPGRADE product is generally not tied to any particular hardware or previous version. An Upgrade Product SKU can be purchased and used to upgrade Machine 1 to Windows 7 and used for some period of time. If it is then desired to retire Machine 1 (or revert it back to the original OEM WinXP/WinVista it was shipped with), and transfer the UPGRADE licensing to Machine 2 running a different OEM licensed installation (or even a Retail or Volume Licensed installation)-- that can be done. There may be additional restrictions on the currently announced Windows 7 option program, as it's tied to the specific purchase of a qualifying product during a specified time frame. Whether the terms of that upgrade option actually require the purchased upgrade package to be physically installed on, and only on, the qualifying product, would be specified in the End User License Agreement for that particular upgrade package. Personally, though, I don't think Microsoft will make that big of a deal out of this. If you read between the lines, you'll realize that the whole purpose of this upgrade offer is to protect computer sellers who are concerned about sales losses since Microsoft has now announced the availability of Windows 7 on Oct 22, 2009. Four months of customers deferring computer purchases because they're waiting for Win7 (and dont' really want Vista) -- can be catastrophic to the computer makers. Lawrence Garvin, M.S., MCITP:EA, MCDBA Principal/CTO, Onsite Technology Solutions, Houston, Texas Microsoft MVP - Software Distribution (2005-2009)

From this scripted page http://www.microsoft.com/about/legal/useterms/default.aspx this OEM Vista EULA is obtained. It says:2. INSTALLATION AND USE RIGHTS. The software license is permanently assigned to thedevice with which you acquired the software. That device is the licensed device. Ahardware partition is considered to be a separate device.a. Licensed Device. You may install one copy of the software on the licensed device.You may use the software on up to two processors on that device at one time. You maynot use the software on any other device.Let's try to interpret this:2. If the software was delivered on a DVD RecoveryDisk set, is that the"licensed device"? Further mention distinguishes apartition as a separate device.a. The softwaremay be installed onto the "licensed device" that it was already delivered on? That makes no sense. Maybe it meansthe partition?I take the meaning of "permanently assigned" to mean permanently granted. That is, the software doesn't require subscription or renewal. There is nothing in the definition that identifies any modularcomputer component or subsystem as the "licensed device". So, what are these hardware restrictions we are speaking about in this thread?

If I were to upgrade my OEM version of Vista with a retail upgrade version of Windows 7 when it releases, would the OEM hardware restrictions still apply? You can upgrade any internal hardware component you desire except for the motherboard.Carey Frisch

I already replaced that.I did not see motherboard explicitly stated in the EULA. I thought"licensed device"meant the hard-drive partition. Or DVD set. Or something. After all, I can (and will) modify and replace parts on this computer indefinitely, until there is no resemblance to its original self. Not that I want to cheat Microsoft. One license-per-computer seems fair to me.

Your interpreting the OEM licence which is non-transferable. It is a fact that you can upgrade an OEM of vista to 7.So are you paying the same dollar amount to upgrade an oem version as a retail version of windows 7but is also non-transferable?

There should be some way to recover because if my mother board dies I also lose my OEM non-transferable license.If I could prove my board quit and provide proof of purchase for a new one to Microsoft Icould retain mylicense to operate.

It's high time microsoft publishes a comprehensiveliscence policy in one document which covers allpossiblescenarios.

If I were to upgrade my OEM version of Vista with a retail upgrade version of Windows 7 when it releases, would the OEM hardware restrictions still apply? You can upgrade any internal hardware component you desire except for the motherboard. Carey Frisch Ah, so then I will need to purchase a full non-OEM version of Windows 7 if I wish to replace the motherboard?

If I were to upgrade my OEM version of Vista with a retail upgrade version of Windows 7 when it releases, would the OEM hardware restrictions still apply? You can upgrade any internal hardware component you desire except for the motherboard. Carey Frisch Ah, so then I will need to purchase a full version non-OEM version of Windows 7 if I wish to replace the motherboard? Yes, if you like to contribute to needy causes. But I doubt it'll earn you a tax write-off. Else, no, just re-activate (if naggedto do so) according topa ge 13 ofthis MS published White Paper . See also Windows License, CD for computer repair for a discussion about the OEM System Builder's License. Can I upgrade my motherboard before I upgrade to Windows 7 using a retail upgrade version, or do I have to wait until I have upgraded to Win 7?

Part of the problem here is that there may be differences between: What the Microsoft License Agreement actually says. Microsoft's published guidance on how they would like the license agreement to be interpreted. How a court of law would interpret the license agreement, if it ever came to that. My own opinion is that Microsoft would be better served in working to prevent outright piracy of its software than worrying about legitimate customers who want to upgrade their motherboard (or replace a failed motherboard for that matter).

I can offer some FACTS here: when installing using OEM / Retail fromCD / DVDWhen replacing OEM (Dell / HP) motherboards and you must go thru the activation process, 90 % of the time it can be over the Inet with a few clicks. (if the system had been reloaded before you may have to call in for new code).When replacing OEM (local / inet shop built) as long as the Motherboard using the same CPU(s) and the MB is the same chipset / typeit is about the same rate.The issue here is the OEM shop built boxes may be sold with extend warranties which go longer than the life of the current Motherboard / CPU model on the open market.Now take a OEM (Dell / HP) box and put it a "off the shelf" motherboard and you are going to be making that call to Microsoft, but in the 100's of calls to Microsoft only twice was I not giving a new Key and on both of those boxes the OS's legal standingwas in question to start off with.Retail can be moved from PC to PC and the phone call takes about 4 ~ 5 minsUsing Dell restore cd's I have swapped Motherboards / CPU(s) / harddrives and reloaded without activationissues