Another OEM selling question

[Vertigo]

Ok here's another scenario. If I've purchased an OEM copy of Vista which I've opened and installed on a machine for a couple of weeks but which has never been activated and has now been uninstalled, can I legally sell this OEM software on to someone else to install on different hardware?

I'm not interested in the "how would they ever know if you've not activated it" argument, want to know if I'm legally allowed to sell on OEM software which has been installed but not activated.

 

[str]

Here is a quote from the System Builder License:

1. AUTHORIZED DISTRIBUTION AND ACCEPTANCE. Distribution of individual software licenses or hardware units contained in this Microsoft® System Builder Pack (“package”) is not authorized unless you accept this license. You accept this license when you open this package. By accepting this license, you agree that you are a system builder. If you do not open this package, you may deliver it to another system builder. “System builder” means an original equipment manufacturer, an assembler, refurbisher, or pre-installer of software on computer systems. ”Distribution” and “distribute” means the point in time when a fully assembled computer system leaves the control of system builder. A “fully assembled computer system” means a computer system consisting of at least a central processing unit, a motherboard, a hard drive (internally mounted (Solid State) NAND and/or internally mounted revolving magnetic-based hard drive), a power supply, and a case. If you are pre-installing Microsoft® Windows® XP Starter Edition or Windows VistaTM Starter, the fully assembled computer system must also satisfy the hardware requirements listed at http://oem.microsoft.com/starter. If you choose not to accept this license, promptly return the unopened package to your distributor. Individual software licenses or hardware units cannot be returned after this package is opened.

It looks like Microsoft say you cannot sell it on or return it for a refund once it is opened. By opening it you have become a System Builder and are legally obliged to adhere to the System Builder License Terms.

 

[Vertigo]

Thought as much. Basically I can no longer sell it as a discrete item but could sell it pre-installed on a system if I built one for somebody.