Is going from a Win 8 Pro Upgrade back to Win 7 legal?

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I have a current image of a win 7 64 bit OS and apps on my PC. After doing a win 8 pro upgrade, if I decide I do not want to keep it, will my restored win 7 image be legal? My understanding is that Win 8 upgrades replace the prior Win 7 license. I have two original Win 7 dvd’s and licenses to fall back on.

Alternatively, if I set up a dual boot leaving Win 7 on my SSD,and putting Win 8 on a blank partition on a seperate HD, how easy/difficult will it be to eventually replace dual boot with just Win 8 on the SSD?

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Yes, it will be legal. Windows 8 does replace the prior Windows license but that just means that you can’t legally use the prior Windows version on another PC.

Joe

--Joe

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To add a little to what Joe has already stated, if you switch back to Win 7 using an Image you made, my belief is that you can not then use the Win 8 Pro license on another PC or partition

For the second part of your question, first, did you purchase the Win 8 Pro upgrade version or the Full Install, OEM edition? This is important because you are not allowed to continue to use the qualifying license while using the Win 8 Pro Upgrade media. Upgrade Media means just that, you cannot continue to use the license for the original OS that you used to qualify for the Upgrade pricing.

Secondly, leaving Win 7 installed, and installing Win 8 Pro can be done, but when you wish to remove Win 7 and install Win 8 Pro on the SSD you might very well run into activation problems as the reinstallation of Win 8 Pro on the SSD will look to be a second installation using the same key. This might be able to be solved by calling MS to get new activation info.

My understanding is that to conform to the Eula, if you used Win 7 as the qualifying OS, and did purchase the $40 Upgrade Media, you can not dual boot Win 7 and Win 8 Pro.

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To add a little to what Joe has already stated, if you switch back to Win 7 using an Image you made, my belief is that you can not then use the Win 8 Pro license on another PC or partition

For the second part of your question, first, did you purchase the Win 8 Pro upgrade version or the Full Install, OEM edition? This is important because you are not allowed to continue to use the qualifying license while using the Win 8 Pro Upgrade media. Upgrade Media means just that, you cannot continue to use the license for the original OS that you used to qualify for the Upgrade pricing.

Secondly, leaving Win 7 installed, and installing Win 8 Pro can be done, but when you wish to remove Win 7 and install Win 8 Pro on the SSD you might very well run into activation problems as the reinstallation of Win 8 Pro on the SSD will look to be a second installation using the same key. This might be able to be solved by calling MS to get new activation info.

My understanding is that to conform to the Eula, if you used Win 7 as the qualifying OS, and did purchase the $40 Upgrade Media, you can not dual boot Win 7 and Win 8 Pro.

Thanks, Medico. Looks like I have to go all in with Win 8 as a clean or upgrade install over my present Win7 on the SSD. I assume I can change my mind a second time, and re-use my Win 8 Pro Upgrade (it is on a USB key) a second time on the same Win 7 partition on the same PC. Any issue with having to replace that SSD some day, assuming I can write a Win 8 backup image with apps, etc. to it? Or, at worst, I can first install a Win 7 image again before using the USB Win 8 again?

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Ted, good evening and Merry Christmas. >>> you can not then use the Win 8 Pro license on another PC <<

My feeling is that even if you tried, you could not. I think that WPA has evolved to the extend that when getting a key the new way, MS looks at your machine and "locks" it into that key. I experimented here and tried to load it on my Laptop using the Acer key, nogo. I really had to use the Toshiba key, which I had. WPA has come up a few steps in the last year, methinks. What latitude there is now in this, I ignore. What if you changed a HD, increased the RAM or the vidcard or the Ethernet card. These all have signatures now and are easily "sniffed" and locked. What say you Joe ? Jean.

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Joe – Thanks.

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if you switch back to Win 7 using an Image you made, my belief is that you can not then use the Win 8 Pro license on another PC or partition

Ted, I believe that if the OP restores his Windows 7 image, he is free to apply the Windows 8 upgrade on another PC. It just can’t be installed on two PCs or use the replaced Windows 7 install on another PC. He might have to call Microsoft and explain the situation if the product ID got registered in the first install but the upgrade should be good on any single qualifying OS.

Jerry

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Yes, he can apply the Win 8 Pro license to another PC if that PC has an existing OS that qualifies for the Upgrade pricing. I was thinking more along the lines of creating a second partition or adding a second drive to install Win 8 Pro onto. This OP had not mentioned the availability of a second PC.

Basically the Upgrade Media the OP states he purchased, in order to be legally installed, must replace a qualifying OS (Win XP, Win Vista, Win 7). The replaced OS cannot be activated anywhere while the Win 8 Pro OS is activated and being used.

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My questions related to my desktop PC. I also have a laptop running a separate Win 7 license. I know if I want to go with Win 8 on it, I will have to buy a second upgrade license if I’m keeping Win 8 on the desktop.

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Sorry to hyjack this post but just want to ask one question of Medico.
Can you use the upgrade version of win 8 pro to upgrade win 7 home premium or does win 7 have to be a pro version also.

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Sorry to hyjack this post but just want to ask one question of Medico.
Can you use the upgrade version of win 8 pro to upgrade win 7 home premium or does win 7 have to be a pro version also.

See Windows 8 Upgrade Paths for a Microsoft Technet article which should be the official word.

Joe

--Joe

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FYI: The Windows 8 Pro Upgrade available for purchase and download from Microsoft is a Retail upgrade version of Windows 8 Pro, which requires a valid upgrade path for installation; Windows XP SP3, Windows Vista, or Windows 7.

Upon installation, the Windows 8 Pro Upgrade license (a Retail license) replaces the license of the upgraded OS, which means that having been upgraded, that original license is no longer valid, and that original OS cannot be used in any way (no dual booting).

That being said, if one has judiciously created a full drive image of the original OS prior to the Retail Windows 8 Pro Upgrade, restoring that drive image in effect uninstalls the Retail Windows 8 Pro Upgrade from that machine. The machine has been returned to its original OEM licensing status. (The same can be said for using the manufacturer’s system restoration to return the machine to its original out-of-the-box condition)

Also, the previously installed but now uninstalled Retail Windows 8 Pro Upgrade is now available for use in upgrading a different machine with a qualifying OS.

Always create a fresh drive image before making system changes/Windows updates; you may need to start over!

We all have our own reasons for doing the things that we do with our systems; we don't need anyone's approval, and we don't all have to do the same things.

We were all once "Average Users".

Computer Specs

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Thanks for all the replies.

Just to clarify – I will be upgrading my present Win 7 on my SSD using my licensed USB key boot up of Win 8 Pro Upgrade. At that point, that Win 7 product key is no longer licensed. After Win 8 activation is confirmed, I will do all the refinements I expect to make (e.g. adding an alternative PDF document creator/merger/repagination/reader app since the Upgrade Assistant says my Adobe Pro 8.3 will no longer work, etc.) When I’m satisfied, I will make a “ready-to-do real work” Win 8 image and keep it up to date. If I need to replace my drive, or have other reasons, I will restore that image on the same PC. I will be able to do that without starting all over with the original USB bootup.

In other words, Win 8 image backups will restore to the same PC no differently than if I went back to my Win 7 “ready-to-do-real work” image, right?

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Hello, barn. >>> the Upgrade Assistant says my Adobe Pro 8.3 will no longer work <<<
Do not let this faze you, I had the same warning with Acrobat 5, I disregarded it and reloaded it over W-8 and it runs. At least, try it. I run nothing but oldies here, amongst them Office 2000, PF2000, and many others, they are all fine. A word to the wise. JP from 33706.

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Hello, handcuff36. You were right. My upgrade preserved it as is and avoided about 12 incremental installs to get from v8.0 on dvd to 8.3. My upgrade over Win 7 (after doing as much cleanup and updating of older versions as possible) went smoothly and saved enormous work. I usually do clean installs of a new OS but it would have taken at least two days to reestablish every preference, tweak, utility, etc. from scratch) on top of learning Win 8’s UI.

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Have a Merry, Barn. I am glad that the install worked out fine for you. I am at a loss to explain why MS would say that some apps would not be recognize by W-8 ???

After I had installed Office 2000 on an XP machine, a few years ago, I asked a techie in a Best Buy store if I could do this and he forcibly tried to impress me that I had to purchase a new version that would indeed run, as O2K would not. You should have seen his discomfort when I told him that O2K was quite happy on XP.

What I do not grab is why 32 bitness apps do run on 64 bitness CPU, where is the panic to then go 64 ? Jean.

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Bear, greetings. >>> Also, the previously installed but now uninstalled Retail Windows 8 Pro Upgrade is now available for use in upgrading a different machine with a qualifying OS. <<<

I have a feeling, just that, a feeling that this can not be done. I wish that somebody would clarify this fully. WPA allowed a few votes in XP & W-7, to be changed, the Ethernet card was it, 10 votes, out you were. Now in W-8, I would presume that MS would have tightened up their codes and somehow this swapping from the "key" PC to another would not be validated unless one called them to get it justified. Ducking, running and hiding. JP.

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Bear, greetings. >>> Also, the previously installed but now uninstalled Retail Windows 8 Pro Upgrade is now available for use in upgrading a different machine with a qualifying OS. <<<

I have a feeling, just that, a feeling that this can not be done.

Bear in mind that we are referring to a Retail license, not an OEM license. A Retail license is not "married" to a machine. It can only be installed and used on one machine at any one time, but the license is indeed transportable. The software can be uninstalled from the original machine, and freshly installed on a new machine. The hardware running a Retail version of Windows can be changed/upgraded at will, with nary a thought to any licensing difficulties.

It can even be sold; once. The original purchaser can indeed sell the software media and licensed rights to another.

This Inspiron 580 is the first OEM desktop I've owned since 1994; I've built all the rest, and used Retail OS and Retail Upgrade. Retail Windows 95 went through two completely different machines. Retail 98 Upgrade superceded Windows 95, and went through another couple of DIY desktops, and I used Retail Win2K Pro on a couple more, then upgraded to Retail XP Pro. I still have a valid and currently unused Retail Windows 7 Ultimate license that I hope to install on another DIY desktop in the future.

And I'm running a Retail XP Pro on a virtual machine in this Inspiron 580. OEM and Retail are two very different birds.

Always create a fresh drive image before making system changes/Windows updates; you may need to start over!

We all have our own reasons for doing the things that we do with our systems; we don't need anyone's approval, and we don't all have to do the same things.

We were all once "Average Users".

Computer Specs

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Have a Merry, Bear. >>> we are referring to a Retail license, not an OEM license << 30 seconds with only lots of LED flashing and no screen activity.
I have had to phone MS before for such an approval, it was always done speedily as MS “wants” you to use its brainwaves. Not on W-8, ( yet ! ) Jean.

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Bear, greetings. I have a feeling, just that, a feeling that this can not be done.

Take a look at this thread. I restored my Windows 7 drive image to my laptop, in effect uninstalling my Retail Windows 8 Pro Upgrade purchased online from Microsoft. I then used that Retail Windows 8 Pro upgrade to upgrade my OEM Windows 7 Home Premium dual boot installation on my desktop (the other OS in the dual boot is Retail Windows 7 Ultimate).

As stated in the thread, there were some peculiarities in the installation process, unrelated to the licensing, that had to be sorted out. As for the Retail Windows 8 Pro Upgrade itself, it did require a toll-free (automated) call to Microsoft for activation, and that was quite painless.

Always create a fresh drive image before making system changes/Windows updates; you may need to start over!

We all have our own reasons for doing the things that we do with our systems; we don't need anyone's approval, and we don't all have to do the same things.

We were all once "Average Users".

Computer Specs

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Bear, just 4 minutes after your post !

>>> As for the Retail Windows 8 Pro Upgrade itself, it did require a toll-free (automated) call to Microsoft for activation, and that was quite painless. <<<

Ha ! This is or was the snake in the woodpile. You could not actually do it ( pirating ), you had to get it approved. I still do not know why ! Jean.

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Bear, just 4 minutes after your post !

>>> As for the Retail Windows 8 Pro Upgrade itself, it did require a toll-free (automated) call to Microsoft for activation, and that was quite painless. <<<

Ha ! This is or was the snake in the woodpile. You could not actually do it ( pirating ), you had to get it approved. I still do not know why ! Jean.

It is my firm belief that Microsoft is using a gi-normous live database linked with the toll-free automated calls. When I was reading the initial number groups from the boxes (those that popped up on my screen), I made an error in the middle of one of the groups, and the automated voice on the phone said immediately, "That is not the correct number." I started over and corrected, and when I finished reading that box, the voice said, "Very good."

I must say that I much prefer this newer method of activation over the Windows 7 method. I would imagine that Microsoft feels more secured against piracy, as well.

Which all goes to illustrate my point in that a Retail version of Windows is much different from an OEM version.

Always create a fresh drive image before making system changes/Windows updates; you may need to start over!

We all have our own reasons for doing the things that we do with our systems; we don't need anyone's approval, and we don't all have to do the same things.

We were all once "Average Users".

Computer Specs

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Clive,
You can install win 8 pro over Win 7 home premium. I’ve already done it.

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Should work fine.

Joe

--Joe

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Which isn’t to say you won’t have to ring MS up and explain why one wants to activate the same product key again in all likelihood, perfectly legal though it may be.
True Win 8 OEM’s are going to have unique keys embedded in the BIOS and no product key label on the unit if I understand correctly, just a genuine Microsoft label, so if an OEM mobo goes bad and one hasn’t retrieved that key somehow beforehand, sounds like one is up the creek without a paddle.

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I was also going to state that the activation on a different system, assuming the removal on the original system, even though legal, might require a call to MS to attain activation. The automated activation system generally will see the second installation as illegal until the phone call is made.

Edit: I guess my terminology is somewhat inaccurate. The proper term should have been un-activated rather than illegal.

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I was also going to state that the activation on a different system, assuming the removal on the original system, even though legal, might require a call to MS to attain activation. The automated activation system generally will see the second installation as illegal until the phone call is made.

From my experience, once the Product Key is entered, it is seen as a valid key, and the installation proceeds without difficulty. Once the installation is complete and Windows 8 reboots for the last time, there is a small notice that Windows 8 is not activated, but one must open System Properties to even see it. There is no implication at all that it has been perceived as illegal – just not activated. It works just fine, not crippled in any way.

I don’t have any idea of how long such a grace period lasts. I called the toll-free number (which is an automated call). In the automated phone call, one confirms that the software is installed on one machine. Then there is a long series of groups of numbers to be read off, and after that a long series of groups of numbers to listen to and input into boxes, and then Retail Windows 8 Pro Upgrade is activated.

There is an onscreen notification of activation, and the automated voice also asks for confirmation that the onscreen notification is visible. And that’s that; quite painless.

Always create a fresh drive image before making system changes/Windows updates; you may need to start over!

We all have our own reasons for doing the things that we do with our systems; we don't need anyone's approval, and we don't all have to do the same things.

We were all once "Average Users".

Computer Specs

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In researching this question, it appears the former 30 day grace period has been eliminated. If I am interpreting the articles correctly once you have entered the key the OS will finish installation and will show as not activated until an internet connection is seen at which time the OS will attempt to connect with the MS activation servers automaticallyand activate this installation. If the key has been used in a prior activation, the phone system bbearren mentions must be used to reactivate the key on another PC.

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In researching this question, it appears the former 30 day grace period has been eliminated. If I am interpreting the articles correctly once you have entered the key the OS will finish installation and will show as not activated until an internet connection is seen at which time the OS will attempt to connect with the MS activation servers automaticallyand activate this installation. If the key has been used in a prior activation, the phone system bbearren mentions must be used to reactivate the key on another PC.

There is a grace period (although I have no idea what time frame), because I did not notice that my re-installation of Windows 8 Pro Retail Upgrade was not activated until a couple of days after installation (which was on December 12), as I was somewhat involved with other unrelated peculiarities that occurred during that installation.

Throughout that couple of days it ran without any noticable restrictions or crippling. Had I not stumbled across the omission and completed the activation, no doubt at some point I would have received a notice from the OS.

But there is, indeed, a grace period of some duration, because I did not have a crippled or otherwise restricted-use Windows 8 Pro Retail Upgrade. It was fully functional.

Always create a fresh drive image before making system changes/Windows updates; you may need to start over!

We all have our own reasons for doing the things that we do with our systems; we don't need anyone's approval, and we don't all have to do the same things.

We were all once "Average Users".

Computer Specs

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Was your reinstallation on the exact same H/W? I wonder if this had something to do with the lack of “crippling” the OS. I don’t have an answer either. Each search to try to determine this came to the same or similar articles as I linked above. When I get home from vacation I might make a new Image then just try the reinstallation to see what happens. If I get the opportunity I’ll repost the results I get.

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Was your reinstallation on the exact same H/W? I wonder if this had something to do with the lack of “crippling” the OS. I don’t have an answer either. Each search to try to determine this came to the same or similar articles as I linked above. When I get home from vacation I might make a new Image then just try the reinstallation to see what happens. If I get the opportunity I’ll repost the results I get.

Folks, let me reiterate.

The Windows 8 Pro Upgrade bought and downloaded through Microsoft is software covered under Retail licensing, not OEM. Most questions being posed in this thread are relevant to OEM licensing, not to Retail licensing. There is quite a difference.

From Start > Help and Support > Read the Microsoft Software License Terms

“The Microsoft Software License Terms contain information about the terms and conditions of using Microsoft software. The license terms differ depending on the edition of Windows 7.
To find out which edition of Windows 7 is running on your computer
Click the Start button , right-click Computer, and then click Properties.
The edition of Windows 7 you are running is displayed under Windows edition near the top of the window.

To read the license terms
Click the Start button , and then, in the Start menu, click Computer.
Under Hard Disk Drives, double-click the drive where Windows is installed. This is often the drive labeled C:
Double-click the Windows folder, double-click the System32 folder, double-click the en-US folder, double-click the Licenses folder, and then double-click the _Default folder.
Double-click the folder that corresponds to the edition of Windows 7 that’s installed on your computer, and then double-click license.
The license will open in a new window.

My desktop is running Windows 7 Ultimate Service Pack 1 (a Retail Full Install version). The following is copied from the WindowsSystem32en-USLicense_DefaultUltimatelicense.rtf

”17. TRANSFER TO ANOTHER COMPUTER.
a. Software Other than Windows Anytime Upgrade. You may transfer the software and install it on another computer for your use. That computer becomes the licensed computer. You may not do so to share this license between computers.
b. Windows Anytime Upgrade Software. You may transfer the software and install it on another computer, but only if the license terms of the software you upgraded from allows you to do so. That computer becomes the licensed computer. You may not do so to share this license between computers.
18. 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, by transferring the original media, the certificate of authenticity, the product key and the proof of purchase directly to a third party. The first user must remove the software before transferring it separately from the computer. The first user may not retain any copies of the software.
b. Windows Anytime Upgrade Software. You may transfer the software directly to a third party only with the licensed computer. You may not keep any copies of the software or any earlier edition.
c. Other Requirements. Before any permitted transfer, the other party must agree that this agreement applies to the transfer and use of the software.”

To answer Ted’s question: I uninstalled my Retail Windows 8 Pro Upgrade software (bought and downloaded from Microsoft) from my laptop by restoring my drive image of my Retail Windows 7 Ultimate to my laptop. (I have three Retail Windows 7 Ultimate Full Install media and licenses – one is currently not being used).

I then used my Retail Windows 8 Pro Upgrade software to upgrade OEM Windows 7 Home Premium on one of two hard drives in my desktop for use in a dual boot with my Retail Windows 7 Ultimate Full Install which is installed on the other hard drive in my desktop.

There are very few similarities in the hardware in my laptop and my desktop. They both have Intel chipsets and Intel CPU’s, but they are nothing alike.

The big difference here is in the license. It is Retail.

The following is from the Windows 8 Pro Upgrade license.rtf

”What about upgrading the software? The software covered by this agreement is an upgrade to your existing operating system software, so the upgrade replaces the original software that you are upgrading. You do not retain any rights to the original software after you have upgraded and you may not continue to use it or transfer it in any way. This agreement governs your rights to use the upgrade software and replaces the agreement for the software from which you upgraded.
Can I transfer the software to another computer or user? You may transfer the software to another computer that belongs to you. You may also transfer the software (together with the license) to a computer owned by someone else if a) you are the first licensed user of the software and b) the new user agrees to the terms of this agreement. To make that transfer, you must transfer the original media, the certificate of authenticity, the product key and the proof of purchase directly to that other person, without retaining any copies of the software. You may use the backup copy we allow you to make or the media that the software came on to transfer the software. Anytime you transfer the software to a new computer, you must remove the software from the prior computer. You may not transfer the software to share licenses between computers. You may transfer Get Genuine Windows software, Pro Pack or Media Center Pack software only together with the licensed computer.”

All that being said, from everything I’ve read so far, we have probably seen the last of Retail Full Install Windows OS software. Windows 8 will offer a system builder OEM full install, but it appears that henceforth the only Retail versions of Windows OS software will be Upgrade only.

To sum up: yes, you can legally transfer your Retail Windows 8 Pro Upgrade to another computer you own for your use. Yes, you will also have to re-activate Retail Windows 8 Pro Upgrade, but it is relatively painless – much less trouble than with Retail Windows 7.

Always create a fresh drive image before making system changes/Windows updates; you may need to start over!

We all have our own reasons for doing the things that we do with our systems; we don't need anyone's approval, and we don't all have to do the same things.

We were all once "Average Users".

Computer Specs

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Seems like MS brought the same activation process to retail as they have on Win 7 OEM reinstall/refurbish. I just had to call and activate a refurb with sets of numbers both given and entered, A thru H. It was activated, all I did was clone to an SSD and swap, and it called me out…it is simple but it gets to be a nuisance after a while.

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