Microsoft Refurbisher Agreement (v5)

[Kitten Kong]

Cadishead Computers submitted a new resource:

Microsoft Refurbisher Agreement (v5) - Latest MS Refurbisher Agreement.

This is the latest Microsoft Refurbisher Agreement (v5)

MICROSOFT REGISTERED REFURBISHER PROGRAM AGREEMENT
(Version 5.0)
This agreement is between Refurbisher (as defined below) and Microsoft Corporation (“MSCORP”), a Washington corporation, unless (i) Refurbisher is located in Europe, Africa, or the Middle East, in which case this agreement is between Refurbisher and Microsoft Ireland Operations Limited (“MIOL”), a company organized under the laws of Ireland, or (ii) Refurbisher is...

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[gadgetfixup]

It's been a while since I read the previous one. Any significant changes worth noting?

 

[Eagle21]

Thanks for that. It's not an easy read! I wonder if anyone has ever read it all, understood it, and been able to recall all the information later.

What do they plan to do with Windows 10? I thought they would want to get everyone, even refurbished PCs, up to Windows 10 ASAP. Do they expect you to refurbish a PC to Windows 7/8.1 then use the free upgrade to get it up to Windows 10?

 

[nlinecomputers]

Do they expect you to refurbish a PC to Windows 7/8.1 then use the free upgrade to get it up to Windows 10?

You are not allowed to do that. The END user is the only one that can upgrade to Windows 10. As a service you could POST SALE upgrade a user to Windows 10 but it would be a separate service for someone that has already installed and activated Windows 7 or 8.

 

[gadgetfixup]

I believe technically you're suppose to not even have it boot into Windows at all without the buyer agreeing to the EULA, etc. So there isn't an option to even sign up for the upgrade, much less install it.

I wonder sometimes who writes these things? While I can understand on a new system a buyer has no issue pulling it out of a box, hooking it up and agreeing to the EULA to carry on, this isn't going to work on used computers, at least not in our area. People want to see that they work, what is installed, does the battery hold a good charge, can I get online, what browsers does it have, on and on. Basically they want to test it before they buy it, it's used after all. Firing it up to show them EULA screens isn't going to get you a sale or you'll have a "potential" customer agreeing to the EULA to check out the system. I suppose you could show it working, when you get a buyer, reload it and then hand it off to them. I could also understand such a requirement for large refurbishers selling thousands of identical units online, but for Mom and Pop shop customers they want to see the unit they're buying work before laying down money. Even if I had a dozen computers with all the same specs, with one demo, I'd have a hard time showing them one and handing them another.

The other side of that coin is it solves a whole lot of problems showing a customer a working unit before they leave the store. We tried selling them in the box allowing them to play with the demo and so many times when they made stupid mistakes, they'd call up saying well this one never worked since we took it out of the box. Of course we don't have a leg to stand on because we never showed them it worked. Now we show all customers the unit they're buying and show them it's working correctly before they leave the store. Then when they call saying they can't get it connected to their Internet or whatever issue they surmise, we say well you saw it connected to our wifi and saw it working correctly here.

If I had display cases full of used laptops sitting on the EULA agreement screens and told customers they couldn't see Windows desktop until they purchased the unit, I'd never sell a refurbished machine.

 

[Markverhyden]

Yep, the refurb document specifically states that the covered OS's are W7 and W8 for workstations. And it specifically calls out

(6) for Windows 7 Home Premium, Windows 7 Professional, Windows 8.1 and Windows 8.1 Pro, configure the Refurbished PC (as described in the Registered Refurbisher Program Guide) to present to the Customer the Product License Terms on initial system boot-up.

I suppose, technically, after the EU has done the initial boot and setup you could charge them a service fee, for labor, to do the upgrade.

 

[Porthos]

Well I guess you could put/keep it in audit mode till its sold and then sysprep and shut it down to OOBE while you take the money and finish the sale?

 

[Kitten Kong]

It's been a while since I read the previous one. Any significant changes worth noting?

I can't access the previous details on my iPad. I'll check I have an older copy later, and see what different between them and report back.

 

[Kitten Kong]

The main differences I can tell between v4, and v5 are

“ADK” means the Assessment and Deployment Kit, which may include Product software, installation instructions, utilities and tools for the preinstallation and deployment of Products.

2.2 OPK and ADK Use Rights

(b) In addition to the limited purpose described in the license terms which accompany the ADK, Refurbisher may use the ADK for the purpose of preinstalling the Product. MS may modify the ADK from time to time. In the event of any conflict between the ADK license terms and this agreement, the terms of this agreement shall control.

2.3 Ordering Software

(b) For Skype Software, Refurbisher will access and download the Skype Software from the Program Web Site

2.3 Ordering Software
(a) For Citizenship licenses, Refurbisher will access, order, and pay for all Software through the Program Web Site.
(b) For Skype Software, Refurbisher will access and download the Skype Software from the Program Web Site.

NEW SECTION ADDED:
2.7 Installation and Distribution of Skype Software
(a) No COAs, Product Keys, or APM
(1) No COA is provided; Refurbisher does not affix a Program COA for this Software.
(2) Refurbisher does not obtain a Product Key from the Program Web Site and does not provide a Product Key with the Refurbished PC.
(3) No APM is provided; Refurbisher is not required to ship any APM with this Software.
(b) Windows 7 and Windows 8.1 only. This Product is designed for use with, and may only be preinstalled and distributed, on Windows 7 and Windows 8.1 Products.
(c) No Distribution into the People’s Republic of China. Refurbisher may not distribute this Product into the People’s Republic of China (PRC).
(d) MS Consent Required. Refurbisher shall not market or distribute the Product in any way in connection with or in any way relating to any real-time internet communication, voice communication and video communication functionality of any kind, with similar functionality and features as the Product unless expressly granted by MS.
(e) Compliance with Local Laws. Certain features of this Product may be subject to varying local laws. When distributing this Product, Refurbisher must comply with all local laws. Refurbisher is solely liable for any claims or costs in connection with its distribution of this Product that does not comply with local laws.

Section Removed:
2.8 End of License – Continued Distribution. Microsoft Office Basic 2007 and Microsoft Office Home & Student 2007 are no longer offered through the Program and therefore are not available from the Program Web Site or from an Authorized Distributor. Refurbisher may continue to distribute Microsoft Office Basic 2007 and Microsoft Office Home & Student 2007 that are in its inventory on August 1, 2013, until the earlier of the end of this agreement or termination of Refurbisher’s right to distribute Microsoft Office Basic 2007 and Microsoft Office Home & Student 2007.

New section added
8.6. Anti-Corruption and Anti-Money Laundering
(a) Compliance with Anti-Corruption Laws. Refurbisher shall conduct itself with high ethical standards and comply with all applicable anti-corruption and anti-money laundering laws, including the United States Foreign Corrupt Practices Act, of the countries/regions in which they operate.
(b) Enforcement and Reporting. In addition to its rights and remedies under applicable agreements, if Refurbisher violates this policy, MS may refer Refurbisher to U.S. or foreign
authorities for criminal prosecution or other enforcement action, or bring suit for damages. Refurbisher may contact Microsoft’s Anti-Corruption Alias (ANTICPT@microsoft.com) for the Business Conduct Alias (BUSCOND@microsoft.com) with questions or requests for further information or guidance.

The remainder is nearly identical, from a quick skim of the document.