Is Windows PE for Windows 10 redistributable?

Question

_{Tuesday, March 27, 2018 2:12 AM}

Hi,

I read many articles and license agreement of ADK. But I am still not sure if the scenario is permitted:

    "Make a WinPE ISO with my restoration application and let user download to do bare metal restoration" 

That is, I follow ADK license agreement and instructions to make WinPE ISO. Users use my backup agent to do bare metal backup. One day, they want to restore image they backed up. They will download WinPE ISO made by me, install ISO to USB key, boot by USB key, at last, my restoration application will lead them to restore image step by step.

If this scenario doesn't allow to redistribute WinPE ISO, canI write a agreement file to tell user that they must comply with Microsoft's terms if they want to use WinPE ISO made by me.

One month ago, I posted same question in Windows Desktop SDK and Windows 10 IT Pro. But no one replied to me. Please give me advise.

Thanks a lot.

All replies (5)

_{Wednesday, March 28, 2018 8:38 AM ✅Answered}

Hi,

Windows PE (WinPE) for Windows 10 is a small operating system used to install, deploy, and repair specific Windows operating systems.

It is redistributable for non-commercial purpose, and there is article about Windows PE (WinPE):
/en-us/windows-hardware/manufacture/desktop/winpe-intro

And, WinPE: Create a Boot CD, DVD, ISO, or VHD:
/en-us/windows-hardware/manufacture/desktop/winpe-create-a-boot-cd-dvd-iso-or-vhd

Best Regards,
Eve Wang

Please remember to mark the replies as answers if they help.
If you have feedback for TechNet Subscriber Support, contact [email protected].

_{Monday, April 2, 2018 2:07 AM}

Hi,

How things are going there on this issue?

Please let me know if you would like further assistance.

Best Regards,
Eve Wang

Please remember to mark the replies as answers if they help.
If you have feedback for TechNet Subscriber Support, contact [email protected].

_{Thursday, April 5, 2018 6:16 AM}

Hi,

Is there any update?

Please click “Mark as answer” if any of above reply is helpful. It would make this reply to the top and easier to be found for other people who has the similar problem.

Best Regards,
Eve Wang

Please remember to mark the replies as answers if they help.
If you have feedback for TechNet Subscriber Support, contact [email protected].

_{Friday, June 28, 2019 5:01 PM}

Hi Eve,

I don't see the words "redistributable for non-commercial purposes" in the EULA for WinPE.  We are planning to use WinPE in an open source bare metal distribution that we have customized to help customers install Windows Server 2016/2019, where they will use their Microsoft licenses for the servers they deploy.  If there are restrictions on doing this, please share that information.  Our product does not re-engineer the WinPE image.  Thank you. 

_{Tuesday, July 2, 2019 7:12 PM}

Microsoft had terminated redistribution licensing back in 2011, I believe. I have not heard of any situation where it had become licensable again. In the old days, you could acquire a license from Microsoft in order to redistribute WinPE based solutions to customers.

Now, I do believe there are only two options:

1. You can create and use a WinPE solution internally
2. You can create an installation package or PE builder for external usage

For OP, they state "user" and if this scenario is one where OP is an employee of a company and "user" is an employee of the same company, it is not "redistribution" and the company can make available a WinPE based tool for their employees to use.

A company cannot create a WinPE based solution that is aimed at "customers" aka people who purchase a product or service from you. For a scenario like this, you can provide the actual binaries and scripts or installers of your own software, but not the WinPE. Instead, you would provide instructions that the customer would have to download the ADK and install it. Then your installer can run the PE builder, copy the files into the \mount and then commit the changes. However you get to the final result is up to you, and the end result is you make the ADK a minimum requirement of your solution builder.

The only limitation on installation is that any Recovery or customized physical installation media that is designed to install a Windows OS may only be created by an Authorized Replicator. This is media that contains the Windows OS image itself. This does not apply to installation media where the OS image is stored on a network share or other location.

There is also separate rules for Embedded Channel media, and if anyone has any specific questions on that, they should contact the Embedded Partner that they purchase licenses/support from.