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Am I licensed to use Microsoft OEM software through Lizosoft?

Alot of people are confused between what a software license is and how product keys work.
Simply owning a product key is not a right to activate the license.
If you have not obtained the license correctly your product key is meaningless. 
If you purchase a product key on eBay with a backup disc and then try to activate Windows 10 OEM, that activation would be invalid.
There are some websites that offer disc's however it is illegal to offer for sale OEM discs or any backup software and Microsoft make this clear in the EULA.

The EU court also stated the rights to re-sell OEM licenses does not continue into the market of discs or any other backup software.
Lets first look at what Microsoft say regarding a license so lets start by opening your Windows 10 license agreement.

Press and hold your Windows key and at the same time to open Run, then type winver to bring up the Windows10 about screen.
There can then see "This product is licensed under the Microsoft Software License terms to: (Your name)
This would suggest the license is indeed valid providing you have obtained the license through the terms set out in the EULA (End User License Agreement).

Now click the link Microsoft Software License Terms

It will state the following;

"Your use of this software is subject to the terms and conditions of the license agreement by which you acquired this software.
If you are a volume license customer, use of this software is subject to your volume license agreement.
You may not use this software if you have not validly acquired a license for the software from Microsoft or its licensed distributors."

Lizosoft is a registered Microsoft license distributer. 
So lets take a closer look at the End User agreement.

Section 8.A

"Microsoft grant you the right to install and use one copy of the software per device on a worldwide basis for use by only one person at a time as part of your use of the Services." 

Section 8.Bv
The software is licensed, not sold, and Microsoft reserves all rights to the software not expressly granted by Microsoft under these Terms.
This licence does not give you any right to transfer the software, any software licences or any rights to access or use the Services.

Licenses can NOT be transferred, however OEM licences can now be re-sold to another user for a single installation without the original hardware.
The old hardware must be destroyed.
Running the same license and product keys on both machines at the same time would put you in breach of Section 8 A of the Microsoft EULA.
Making backups of any kind on disc, usb or any other format would also result in your license becoming invalid.

This only applies to UK and EU law and does not extend outside of this.

We take great care where we source our reclaimed OEM licenses.
OEM licenses are provided by fellow Microsoft partners with Gold partner status.

 

OEM-Software windows/office

An OEM software version, which is sold together with the hardware (like in a new PC) cannot be limited to a certain distribution channel for the buyer.
The buyer can resell the software by means of another distribution channel, as every buyer is entitled to the resale of a product which was once bought with the agreement of the originator based on the exhaustion principle, i.e. the right of sale of the producer is exhausted after the initial market placement.

This has been decided by the Federal Supreme Court of Justice (BGH) by its verdict of 6.
July 2000 concerning the passing on of OEM-software, opposing the lawsuit of the software producer Microsoft®.

Whoever has once purchased the original software together with the hardware as an OEM version is free to resell it.
He can thereby unbundle the package of hardware and software when selling it.
This verdict does not only refer to OEM software products, but even more to the trade with used software licenses, which were not limited to the sale of hardware.
Trials of software producers to limit the trade with used software licenses by certain contractual stipulations are therefore generally invalid, not only for OEM products.

UK courts retain the power to send preliminary references to the CJEU about the meaning of any aspect of Part 2 of the WA for a period of eight years after the end of the transition period.
Although the UK has left the EU the CJEU will continue to have jurisdiction over many matters affecting the UK during the transition period, and beyond.
The UK is no longer a member of the EU, but the CJEU will continue to play a role in UK law.

All our OEM keys are taken and resold from retired/dead PC/laptops under the Federal Supreme Court of Justice (BGH) by its verdict of 6.

 

Additinal information regarding brexit.

On the 31st December 2020, the United Kingdom (UK) formally left the European Union (EU).
A withdrawal agreement (‘Treaty’) was agreed and the following summarises the key facts concerning how that Treaty affects the trade of pre-owned software transactions between the UK and the EU:
1) The Treaty has no historical impact on previous pre-owned software transactions made between the UK and the EU, on or before the 31st December 2020;


2) The Brexit Treaty does not retrospectively have any impact on pre-owned software licences originally ‘put into use’ in the UK on or before the 31st December 2020. Therefore, software licences first ‘put into use’, on or before the 31st December 2020, can still continue to be resold to the EU/UK, on or after the 1st January 2021;


3) Software licences that are first ‘put into use’ in the EU, on or after the 1st January 2021, can still be resold to the UK.

During 2020, the UK Government enshrined in law that it will continue to recognise the ‘Exhaustion of Rights’ principle, whereby pre-owned software originally ‘put into use’ within the EU, can flow freely from the EU to the UK:


“Intellectual property rights which were exhausted both in the Union (EU) and in the United Kingdom before the end of the transition period under the conditions provided for by Union law shall remain exhausted both in the Union (EU) and in the United Kingdom”.
Article 61 of the “Transition Agreement” [Treaty Series No. 3 (2020) Agreement on the Withdrawal of the United Kingdom of Great Britain and Northern Ireland from the European Union and the European Atomic Energy Community].


4) Whilst a Treaty was agreed, it did not address the trade of pre-owned software ongoing.
Therefore, linceses that are first ‘put into use’ in the UK, on or after the 1st January 2021, cannot subsequently be resold to the EU; such software can only be resold to UK clients.

 

Regarding Activation by Phone:

Note:

Some users might see an error message that you have reached the maximum number of activations.

As a refurbished license is about to be transferred to a new customer such as yourself, you must activate it by phone and

because the deactivation and reactivation is within the terms in the Software License agreement

you don't need to be concerned about uninstalling from the original hardware as this has already been completed.

https://support.microsoft.com/en-us/office/activate-office-using-the-activation-wizard-1144e0de-e849-496e-8e33-ed6fb1b34202?ui=en-US&rs=en-US&ad=US

 


LizosoftUK confirms that it will only resell pre-owned software within the United Kingdom.

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