OEM licensing (Win 8.1 -> Win 10)

[John Arling]

Hello,

We changed the PCs at my company a few months before the release of Windows 10, so they have been supplied with Windows 8.1 Pro (Windows 8 sticker on the tower).

At the time, we downgraded them to Win 7 Pro, but now we are planning to transition to Windows 10 Pro (clean install on the same hardware).

I have made a few tests and when doing a clean install on these computers, Windows 10 activates just fine with the embedded OEM hardware key on each PC (no volume licences / KMS involved here).

So it's working but my concern is : "Is it legal ?" I don't want to be sued by Microsoft for activated products we are not supposed to own...

[#2]

If the PCs were sold with the Windows 8.1 license you can only use that however if you have a Enterprise Agreement (EA) or Software Assurance (SA) with Microsoft for your business you can use them. The OEMs usually have the Home (consumer) or Pro (business) licenses only. In order to use the Windows 10 Enterprise version you need to have an agreement with Microsoft. 

https://www.microsoft.com/en-us/WindowsForBusiness/Compare