For a Full Package product, you should have:
Any media supplied with the software, like the CD-ROM
The End User License Agreement (EULA)
The Certificate of Authenticity (COA)
Your purchase invoice or receipt
For OEM Licenses (already on new PC/notebook), you should have:
The End User License Agreement (EULA)
The Certificate of Authenticity (COA)
Your purchase invoice or receipt for the PC and software
For volume licenses, you should have:
The License Agreement
License Confirmation document (if applicable)
Your purchase invoice or receipt
Your Volume Licenses are tracked online at the various secure online sites
What is counterfeit software?
Counterfeit software is software that has been illegally manufactured or copied. It can be hard to recognise, but missing key codes or components can signal a lack of authenticity. Counterfeit software comes without warranty protection, and you cannot upgrade the software. You also might have a hard time downloading updates from the software publisher.
Do I own the software I buy?
No. A software license only gives you the legal right to use a piece of software within the parameters laid down by the owner of the copyright in that software. You do not own the copyright in the software itself.
How can I check for proper product documentation?
With software already loaded on your new PC/notebook, you will probably find a sticker known as the Certificate of Authenticity (COA) attached to the bottom of the PC/notebook. For PCs/notebooks older than 3 years, look for COAs on the cover of the manual or as separate documents.
With Full Packaged Products, you will find a COA on the top or side of the retail box. For many products, you will find an End User License Agreement (EULA) inside the box.
Volume licensing purchases are handled almost entirely online. Your reseller should also provide the legal documentation of your purchases, such as invoices.
What happens if my PC is stolen or I lose my End User Licensing Agreement (EULA)?
If the software came pre-installed, the license is attached to that PC and your only recourse is to file a police report. If you have a Full Packaged Product license and still have all the original documentation and CDs proving legal ownership, you have the right to reinstall the software on a new PC. If you have lost the documentation or CDs or if these have been stolen, you will need to file a police report. If the stolen items are covered by insurance, you may process a claim to replace it.
If the license was purchased through a volume licensing agreement, you can reinstall the software onto a new PC/notebook.
Is the use of pirated software in Singapore against the law and will I be liable under criminal laws?
With effect from 1 January 2005, there will be criminal penalties against significant wilful infringement regardless of whether the infringement is done in the course of trade (i.e. not necessarily limited only to sale of pirated copies). Hence, distribution via the Internet and significant infringement by companies using infringing software can be regarded as criminal offences.
It is important for all businesses to put in place policies and processes to ensure that wilful infringing acts such as the use of unlicensed software are not carried out in their organisations.
The Internet is full of amazing deals on software programmes. Should I purchase from the Internet although I'm not sure whether the seller is reputable?
Internet piracy is on the increase and recent investigation indicates that more than 60% of software sold through Internet auction sites are counterfeit, and more than 90% are sold under violation of the publisher's license agreement. The Internet is a high-traffic area for illegal copying and/or distributing unauthorized software. It's often the medium for advertising, offering, acquiring or distributing pirated software.
Can I transfer software from one PC to another?
OEM software installed on a new PC cannot be transferred to another PC/notebook. If you bought the software (Full Packaged Product) at a retailer, you may transfer the software from one PC to another as long as you have uninstalled it from the previous PC. In the case you have a Volume License, the desktop operating system upgrade license is tied to the PC, as is the underlying license. The only way to transfer this from one entity to another is to transfer the hardware, along with the base operating system license and the Volume License upgrade license together.
My head office has a worldwide Enterprise Agreement with Microsoft. Is my local office covered on Microsoft software usage as well?
Enterprise Agreement covers a fixed set software on a fixed number of PCs/notebooks. Therefore, your server software licenses may not be included in the agreement. Further, the total number of PCs/notebooks covered by this agreement must cover PCs/notebooks in your territory or country. You must ascertain this with your head office and ensure this information goes to your local Microsoft office as well.
Can I downgrade my Original Equipment Manufacturer (OEM) version of Microsoft Windows XP Professional to Windows 98 (second edition)?
Yes, but OEM Downgrade rights for desktop operating systems apply to Windows XP Professional only. Please note that downgrade versions of Windows XP Professional are limited to Microsoft Windows 2000 Professional, Microsoft Windows NT Workstation 4.0 or Microsoft Windows 98 (second edition).
Microsoft frequently publishes Service Packs, Fixes and Upgrades. Am I allowed to install these Free of Charge?
Yes, Service Packs and Fixes are covered by your EULA. However, Upgrades are only covered if you have subscribed to Software Assurance or have purchased an Upgrade License.
What should I do if I suspect/I am aware of non-compliance?
We have created the following FAQs to help you with your licensing requirements. The content provided herein is for your reference purposes only. For purchasing decisions, please refer to your reseller.
