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I sell custom built computers in a niche market. I include specific software pre-loaded on the systems for my customers. If the customer ends up needing to reinstall the OS then the pre-loaded software is all gone. I have had requests to include recovery media that includes this stuff.

I am aware of the technique behind building a custom windows installation disc and we already do this to image the computers when we finish building them. However, would it be legal to burn a copy of this disc and include it with the system?

  • You want legal advice, ask a lawyer. Licensing advice, ask Microsoft (and/or the other companies who make the software your pre-load). Either way, don't rely on free advice from strangers on the internet for this, as that guarantees it will end badly. – HopelessN00b Mar 06 '14 at 04:04
  • Any idea who to even contact at Microsoft to get the answer to this question? Seems like an endless pit of confusion. – BobTheBuilder Mar 06 '14 at 04:08
  • You're right about that... honestly, there are MS licensing questions that even MS doesn't know the answer to. However, I think Mark's answer is a nifty way around the whole problem. I think I'd go with that. – HopelessN00b Mar 06 '14 at 04:26
  • You're supposed to be including the OEM System Builder media and COA with these PCs. You can make custom discs if you sign an appropriate agreement with Microsoft. Contact Microsoft for further information. – Michael Hampton Mar 06 '14 at 10:58

2 Answers2

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Is it legal?

I don't know. Even if I did know, I wouldn't trust free legal advice from strangers on the Internet.

Is there a better way?

Run the built-in Windows Image Backup immediately after installation. This will make a bootable image-based backup to optical or removable media. This allows you to avoid potential legal issues while also leveraging built-in tools.

MDMarra
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You need an OEM License for each computer you sell. An OEM license from Microsoft says that you must provide support for your users and that the license can't be transferred to another machine. You must place the sticker on the machine's case. You can call a reseller, like SHI or NewEgg for advice on the OEM License.

If you want to figure it out for yourself, Microsoft has a a page for System Builders.

Update - The answer is no.: After browsing the FAQ section from the link above, you are not allowed to supply an image DVD with your computer, but you can provide recovery on a fixed disk.

Edwin
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