S
ScottW37
Guest
I live in New Mexico.
My question is about whether or not my former employer, who made a gift to me of a computer, is obligated to also provide me with a copy of the operating system software to make it fully functional.
About a year ago, while I was employed by a company headquartered in Tennessee, I attended a meeting here in Albuquerque where I won, as a door prize, an IBM NetVista computer system (approximately $2,000 value), which was pre-loaded with the Microsoft Windows/XP Professional operating system (approximately $500 value)
Although the computer functions with the software that came pre-loaded on it, and a few other software packages that I have acquired since, I have noted on several occasions that when I attempt to install new software or upgrades to existing software on this machine, I cannot, as I am prompted by the installation routine to insert the Microsoft Windows/XP Professional installation CD-ROM, which I do not have. This severely constrains what software I can install on this system, most often to older, obsolete versions of software.
I have taken this up with both Microsoft and IBM, and I have received no relief from either of them. Microsoft refers me to the manufacturer (IBM) who pre-loaded the operating system, and IBM will not service me, as my system shows up in their records as being covered by a master support agreement with my previous employer or one of their contractors. I am therefore not authorized to access assistance from them on this system.
I have requested that a copy of the Microsoft Windows/XP Professional operating system CD-ROM be supplied to me by my former employer, but their response is that their "license agreement with Microsoft does not permit [them] to send [me] a CD".
Do I have a realistic small claim action against my former employer to provide me with the software necessary to make my computer fully functional? Is their some sort of legal implied warranty of usability with such a device won as a door prize?
Thank you in advance to anyone who can offer me any advice.
My question is about whether or not my former employer, who made a gift to me of a computer, is obligated to also provide me with a copy of the operating system software to make it fully functional.
About a year ago, while I was employed by a company headquartered in Tennessee, I attended a meeting here in Albuquerque where I won, as a door prize, an IBM NetVista computer system (approximately $2,000 value), which was pre-loaded with the Microsoft Windows/XP Professional operating system (approximately $500 value)
Although the computer functions with the software that came pre-loaded on it, and a few other software packages that I have acquired since, I have noted on several occasions that when I attempt to install new software or upgrades to existing software on this machine, I cannot, as I am prompted by the installation routine to insert the Microsoft Windows/XP Professional installation CD-ROM, which I do not have. This severely constrains what software I can install on this system, most often to older, obsolete versions of software.
I have taken this up with both Microsoft and IBM, and I have received no relief from either of them. Microsoft refers me to the manufacturer (IBM) who pre-loaded the operating system, and IBM will not service me, as my system shows up in their records as being covered by a master support agreement with my previous employer or one of their contractors. I am therefore not authorized to access assistance from them on this system.
I have requested that a copy of the Microsoft Windows/XP Professional operating system CD-ROM be supplied to me by my former employer, but their response is that their "license agreement with Microsoft does not permit [them] to send [me] a CD".
Do I have a realistic small claim action against my former employer to provide me with the software necessary to make my computer fully functional? Is their some sort of legal implied warranty of usability with such a device won as a door prize?
Thank you in advance to anyone who can offer me any advice.