What to Know about Downgrade Rights
Editors Note: Microsoft has backed down another step in the Windows XP saga. The following is reprinted from Microsoft's website. I've edited it to show only the pertinent information as it relates to end users of Windows XP. April 2010 update: While this article refers to Vista the same general rules apply to downgrade rights with Windows 7
• The right to downgrade is an end-user right and is documented in the OEM System Builder product end-user license agreement or EULA.
• OEM System Builder Downgrade Rights for operating systems apply to Windows Vista Ultimate, Vista Business, Windows XP Professional, and Windows XP Tablet PC editions only. OEM versions non mentioned do not have downgrade rights.
• If the End User chooses this option, it is noted in the Product EULA that neither Microsoft® nor the Manufacturer will supply such End User with media for such previous versions. The End User must provide the downgrade media and a valid Product Key.
• End Users can use the following media for their downgrade: Volume Licensing media (provided End User has a Volume Licensing agreement), Retail (Full Package Product), or a System Builder edge-to-edge CD (provided software is acquired in accordance with the Microsoft OEM System Builder License). End Users can use one legal version of the downgrade media for multiple installations. The end customer does not need to have one set of media for each PC they are downgrading, because they have acquired legitimate full operating system licenses for the most recent version, which gave them the right to downgrade.
• In the event the End User opts to downgrade, neither Microsoft nor the PC Manufacturer is obligated to provide customer product support for Customer Systems on which such previous versions are installed.
• The software may not be installed on any other computer system than the one which was downgraded under this right.
• If downgrading the End User cannot use the downgrade operating system (for example Windows XP Professional) and the most recent version which they downgraded from (for example Windows Vista Business) at the same time.
• If an End User chooses to downgrade to an approved, prior version of the Windows desktop operating system, the PC Manufacturer is still required to apply the desktop operating system Certificate of Authenticity (COA) to the PC.
• End Users may reinstall Windows Vista Business, Vista Ultimate, Windows XP Professional, Windows XP Tablet PC edition at any time, provided the downgrade operating system has been removed from the computer, and that software is reinstalled on the PC it was originally installed on with the original OEM System Builder edge-to-edge CD distributed with the original PC. The End User will need to use the Product Key, located in the center of the Certificate of Authenticity (COA), in order to activate the product.
• When an end user is using their downgrade rights offered under the License Terms in Windows Vista Business and Ultimate versions and they use both Windows XP media and a product key that was previously activated, they will fail activation due to the hardware configuration change when installing on the Vista system. In these cases the end user will be prompted to call the Activation Support Line and explain their circumstances to the Customer Service Representative. Once it is determined that the end user has a valid Vista Business or Ultimate license, the Customer Service Representative will help them activate their software.
Q. Who can install the Downgrade Software or reinstall the original software?
A. A System Builder (when authorized by end user), or the end user. Because downgrade rights are an end user right granted in the end user license agreement (EULA), the end-user must first be able to accept the (EULA) associated with the software, so this software must be installed first before the Downgrade Software is installed.
Q. Does the manufacturer need to ship media for the Downgrade Software system as well as most recent version they are using to downgrade from?A. The System Builder may not provide the end user with the Downgrade Software media. This media must come from the end user and must be legally licensed from the Microsoft retail, OEM/System Builder, or volume license channels.
System Builders must provide the Windows Vista Business, Vista Ultimate, Windows XP Professional, media that is located in the Microsoft System Builder Pack to the end-user.
Q. Can end users use Windows Vista Business or Ultimate, Windows XP Professional, and the Downgrade Software at the same time?A. No. End users may only install and use one Microsoft operating system at any given time.
Q. Can end users return to Windows Vista Business or Ultimate, or Windows XP Professional software after they downgrade?A. Yes. End users who downgrade may reinstall the original software when they are ready to migrate. For example, an end user who downgrades to Windows XP Professional may later return to the Windows Vista Business Edition software provided that the end user deletes Windows XP Pro software from the server.
Q. How do end users reinstall the original software after downgrading to a previous allowed downgrade version?
A. End users must use the original System Builder media that was included with the PC or server for reinstallation. The Downgrade Software must be deleted from the hard drive before the original software is reinstalled.
Q. Where do customers get the CD to install the Downgrade Software?A. End users must use a legally licensed version of the specified previous version of the Windows desktop or server operating system to install the Downgrade Software. The Downgrade Software may be from the retail, OEM/System Builder, or volume licensing channels.
