I have it all listed in the OEM/Retail thread.
Technically if you buy a new PC you have to buy a new Windows. If you format your old PC that contains a retail purchased copy you can TRANSFER the license to the new PC.
But you can NOT leave the copy on the old PC and also install it on the new PC.
There is nothing to debate. As these are the facts per the EULA of Windows.
OEM can not be transfered at all. It must stay with the machine it was purchased with.
Retail can be transferred. But only if removed from the old PC first, and you have not gone over the Transfer Limit. Which is 3 machines.
A transfer includes ALL documentation and information received with the original purchase. So if you do not have any part of the original documentation you can not transfer the license.
Direct Quotes from the EULA.
2. INSTALLATION AND USE RIGHTS. Before you use the software under a license, you must
assign that license to one device (physical hardware system). That device is the “licensed device.â€
A hardware partition or blade 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. Except as provided in the
Storage and Network Use (Ultimate edition) sections below, you may not use the software on any
other device.
10. BACKUP COPY. You may make one backup copy of the media. You may use it only to reinstall
the software.
16. TRANSFER TO A THIRD PARTY.
a. Software Other Than Windows Anytime Upgrade. The first user of the software may
make a one time transfer of the software, and this agreement, directly to a third party. The first
user must uninstall the software before transferring it separately from the device. The first user
may not retain any copies.
b. Windows Anytime Upgrade Software. You may transfer the software directly to a third
party only with the licensed device. You may not keep any copies of the software or any earlier
version.
c. Other Requirements. Before any permitted transfer, the other party must agree that this
agreement applies to the transfer and use of the software. The transfer must include the proof
of license.
There it is directly from the EULA. A 1 time transfer which includes all documentation.
Which means i could take my license and transfer it to Hampton. In turn Hampton could NOT turn around and transfer his license to carnageX.
At the same time if a backup copy was made, it must be surrendered. It also must be fully uninstalled.
So i guess i should edit the OEM/Retail thread.
BTW that is the Retail EULA which i have quoted.