The End User License Agreement (EULA) is the legally
binding agreement between you, the user, and Microsoft regarding use of the
programs in Microsoft Office. By running an Office program, you agree
to abide by the terms of the EULA. You did this when you clicked the
"I Agree" button when you installed office. If you are like
99.9% of users, you clicked "I Agree" without ever reading the contract.
But by clicking "I Agree" you really did agree to the terms of the EULA.
The EULA is a legally binding contract. The EULA was written by lawyers, and it as
comprehensible to normal people as are most things written by lawyers.
This page attempts to answer some typical questions about the EULA and how
it governs what you can and cannot do, under the terms to the EULA.
Note: This Q & A does NOT apply to copies of
Office that were obtained under either
Subscription Service arrangements, or
Volume Licenses
These questions and answers are intended for home and
small business users. If you have a subscription service or volume license
for Office, you should contact your MS Sales Office. Also, these
questions and answers apply to United States versions of Office. The
EULA may be different in other countries.
NOTE: I am not a lawyer, and this page isn't legal
advice. This page is nothing more than a series of questions and answers in
layman's terms. It is accurate to the best of my knowledge.
First, some important terms:
Office
The Microsoft Office family of software products, such as Excel, Word,
PowerPoint, etc. Unless specified otherwise "Office" applies to the
collection as a whole, as well as to the individual programs separately.
Retail Copy
A Retail Copy of Office (or one of its constituent programs such as Excel)
is one that you purchased from a retailer such a CompUSA or OfficeMax.
It came in a box, with some CDs and a some paperwork. You installed it on
your PC yourself. Note that "retail copy" and "OEM" are mutually exclusive
terms.
OEM (Original Equipment Manufacturer) Copy
An OEM Copy of Office is one that came pre-installed on your the PC you
purchased. Office was already there, installed by the manufacturer or
vendor, the first time you turned on the computer. You may or may not
have received any CDs. Note that "retail copy" and "OEM" are mutually
exclusive terms.
Full Version
A Full Version of Office is a version that can be installed on a computer
that does not have any other version of Office installed. Note that
"full version" and "upgrade version" are mutually exclusive terms.
Upgrade Version
An Upgrade Version of Office is a version that is installed on a computer
that already has an existing copy of Office. An Upgrade Copy will, for
example, install Office XP on a computer that already has Office 2000
installed. You cannot install an Upgrade Version on a computer that
does not have Office already installed. For all purposes, an Upgrade Version
and the original Full Version (either Retail Copy or OEM Copy) that it
upgrades are considered a single product, and cannot be separated.
Questions And Answers
What is the EULA?
The EULA or End User License Agreement is the legally binding contract
between you and Microsoft. This agreement governs how you may use,
install, and dispose of Office. When you installed Office, or when you
ran one of the Office programs for the first time, you were presented with
the EULA in a dialog, and you were asked to click "I Agree" or "I Do Not
Agree". When you clicked "I Agree", you agreed to abide by the EULA.
The EULA is a binding legal contract between you and Microsoft.
Where can I read the EULA?
The EULA is in the online help files for all Office applications. Open
up one of the programs, such as Excel, and look in the Contents tab for "End
User License Agreement".
Just what did I purchase when I bought Office?
You bought, and you own, the physical media -- the CDs and some paperwork. You also
bought the rights (a license) to use the software in the manner outlined by the EULA.
You may own the actual CDs, but you don't own the content (intellectual
property) contained on the CDs. You own the right to use that
intellectual property in certain ways. The ways in which you use that
intellectual property are dictated by the EULA.
I bought a Retail Copy of Office and installed it on my PC. Can I
install it on my kid's PC, too?
No. The EULA does not allow you to install Office on more than PC.
If you want to install Office on your kid's PC, you need to purchase another
copy of Office.
I have an OEM Copy of Office that came with my new PC. Can I buy
the Upgrade version of Office and install it on my wife's machine?
No. The Upgrade version can be installed only on a machine that
already has Office, and it can be installed on only on PC (plus your own
laptop). So, if you and your wife each have full versions of Office
2000, you must purchase two Upgrade copies of Office 2002, one for each
machine.
What do you mean by original machine? Does that
mean I can't upgrade other hardware like my video card? Can I add more RAM?
When Office is installed it creates a "numerical profile" of that
machine. While the exact details of what makes up that "profile" are a
closely held secret of Microsoft, it is designed such that you can upgrade
the your computer without invalidating the "profile". That is, you can
add RAM, put in new video cards, hard drives, and all other hardware without
invalidating the "profile". The general rule of thumb is that you can
upgrade up to three hardware components at a time without invalidating the
key. If you do very substantial hardware changes, you may need to
reregister Office with Microsoft. To do this, use the telephone
registration option, so that you can talk with a real live MS employee.
They are quite nice and accommodating. They will give you an activation code
that will work.
I bought a Retail Copy of Office and installed it on my PC. Can I
install it on my laptop, too?
Yes. You can install Office on your laptop as long as you are the
exclusive user of the laptop. This means that you can install it on
your laptop, but not your wife's laptop. It is important to understand
that the EULA allows you to install the second copy of Office on a
portable device like a laptop, not just some any other PC. In
summary, you can install a retail copy on your desktop PC and your
laptop. It does not mean that you can install it on two desktop
PCs. You don't have the right to install it on two PCs. You have
the right to install it on one desktop PC and one of your own
laptops. Any other combination is not allowed.
I have an OEM Copy of Office and installed it on my
PC. Can I install it on my laptop, too?
No. The EULA is different for OEM copies of Office, and you cannot
install an OEM Copy on your laptop, only if you are the only user of the
laptop. The OEM copy of Office can exist only on the original PC on
which it was installed. No laptops, no anything else. OEM copies are
strictly one machine only licenses.
Why is an OEM Copy of Office considered different
than a Retail Copy of Office?
Because Microsoft provides copies of Office to computer manufacturers and
vendors at a reduced price, and the vendor is supposed to pass those savings
to you. Most likely, the copy of Office that came with your computer
cost you less than had you went to the store and purchased Office on your
own. Because you paid less, you have more limited rights.
I purchased Office 2002 Upgrade. Can I put my old
version of Office 2000 on another PC?
No. The EULA considers the original Office 2000 and the Upgrade 2002 as a
single product.
I have a Retail Copy of Office, and I purchased an
additional PC. Can I install my copy of Office on my new additional PC?
No. You'll have to purchase a new copy of Office.
I have a Retail Copy Of Office, and I replaced my
existing PC. Can I install my copy of Office on my new replacement PC?
Yes. As long as Office was completely and entirely removed from the old PC,
you can install your Office on your replacement computer.
I have a OEM Copy Of Office, and I replaced my existing PC. Can I install my
copy of Office on my new replacement PC?
No. An OEM copy are forever married to the PC on which it was originally
installed.
Can I give my Retail Copy of Office to someone
else?
Yes, as long as you completely and permanently remove Office from your
computer, you can give it to someone else.
Can I give my OEM Copy of Office to someone else?
No. An OEM copy are forever married to the PC on which it was originally
installed. You can't give it away. You can, however, give or sell the
computer (including the Office software) itself to another party.
My computer came with an OEM copy of Office.
I'm buying a new computer and I'm going to throw my old computer in to the
river. Can I install my existing OEM copy of Office on my new
computer?
No. The OEM copy of Office is forever married to the
machine on which it was originally installed. It doesn't matter
whether you have the disks. That OEM copy is part and parcel of the
original machine on which it was installed.
But what if I'm giving it to a non-profit organization or a school?
It doesn't matter. You can't give away OEM Copies of Office to anyone.
Again, though, you can give the computer itself away (including the Office
software), but you can't give away just the software. Under the EULA,
the machine and the OEM Office are inseparable.
Both my wife and I have full retail copies of
Office 2000. Can I purchase a single upgrade version of Office XP and
install it on both PCs?
No. Both you and your wife must purchase separate copies of the
Upgrade version.
Can I give my Upgrade Version of Office to someone
else?
No. An Upgrade Version may be used to upgrade only a single PC (and a
laptop, if the user of the laptop and the PC are the same person).
I have two or more PCs on a small home network. Can
I install Office on one of these PC so users of the other PCs can use it?
No. Each PC must have its own copy of Office.
Can I upgrade from Office 2000 to Office XP, and
then install Office 2000 on another computer?
No. When you upgrade a version of Office, the original version of Office and
the Upgrade become a single product. Under the EULA, they are not two
versions -- instead they "merge" into a single version. If you can't do it
with the original version, you can't do it an upgrade.
Why doesn't Microsoft give me support on OEM Copies
of Office?
Because Microsoft sold that copy of Office to the vendor at a substantial
discount, with the understanding that the vendor would take care of tech
support. Whether the vendor passed those savings on to you, and whether
they provide satisfactory support to you, are matters between you and the
vendor. The vendor got Office at a reduced price, and part of that
bargain is that the vendor, not Microsoft, takes care of the end user.
So why is the EULA so restrictive?
Well, Microsoft spent a pile of money to develop Office, probably on the
order of hundreds of millions of dollars. They have salaries to pay --
programmers don't like to work for free. While it may seem overly
restrictive that you can't put the same copy of Office on both your computer
and your wife's computer, the issue becomes more clear when you consider
larger organizations. It is clearly wrong for a company with 10,000
computers to purchase a single copy of Office for $500 and install that on
all 10,000 computers. That represents a loss of revenue of a five million
dollars. In fact, many of the restrictions in the EULA are
just extensions of legal restrictions that have applied to printed material
for centuries. You can go out and purchase the latest Tom Clancy
novel, but you can't make ten copies of it and give it to ten of your friends.
This isn't an issue with printed material because it is a difficult and time
consuming process to copy printed material. But copying software is trivially simple, and so things
like the EULA were put in to force.
|