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Validation Of Program Compliance
This section is really only important for OEMs but it is still an interesting read. The kicker is the "fine" that the OEM has to pay if they infringe the terms of the program.
- OEM must keep the information collected for a period of at least two years following Program End Date for the purpose of Microsoft validation of OEM compliance with the program requirements.
- Microsoft may request that OEM provide written documentation to show its compliance with the Program Requirements.
If Microsoft determines that an OEM has not complied with the Program Requirements, the OEM will be required to pay 130% of the full royalty of the Windows 7 Product licensed under its OEM Microsoft Desktop Operating System License Agreement (DTOS) 12.X for each unit of upgrade software distributed out of compliance with the Program Requirements.
Fulfillment Limitations
Microsoft expects most users to submit single upgrade requests, but allow qualifying end users (consumers or small businesses) to upgrade multiple eligible systems. However, only 5 upgrades can be ordered per visit to the fulfillment website. This means that a user with 12 upgrade coupons will have to visit the fulfillment website at least 3 times to order all 12 upgrades.
They have confirmed setting a maximum limit of 25 upgrades for each qualifying end user's mailing address. Customers with more than 25 PCs are "encouraged" to opt for a Volume License. However, it is possible for you to circumvent this restriction by using multiple addresses.
Installation Notices
The upgrade media will come with the following notices :
“Installation for some of the Windows 7 products may require you to re-format your hard drive. Also, certain upgrades may not allow the end user to retain applications, files and settings as they were in the previous installed edition of Windows. Therefore, you should back up your files and settings prior to the installation or they may be erased. Microsoft is not liable for any loss of data as a result of this installation.
“If you upgrade and want to return (if permitted by your license terms) to the Windows Vista product previously running, you will need to un-install the Windows 7 product and re-install the Windows Vista product using a recovery solution for the Windows Vista product. Contact your PC Manufacturer as required for Windows Vista recovery media for your PC if you wish to un-install the Windows 7 product after upgrade."
“Windows Product Activation of Windows 7 Upgrade software is required. The Product Key number found on the Certificate of Authenticity (COA) supplied with the upgrade software is required to activate the Windows 7 software. Please keep the COA and related Product Key for use during Windows 7 Product Activation.”
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