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I have a HP machine with a dead but genuine OEM Windows XP installation.

I have purchased a new machine without an OS pre-installed. Can I get a Windows 8 Upgrade License by using the old machine's XP license and then install it on another PC with a fresh install?

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You can purchase an "upgrade" license anywhere and you don't have to prove anything at that point, its installing upgrade versions of W8 on a new PC as a clean install that may cause issues....ghacks.net/2012/10/27/windows-8-upgrade-clean-install-possible – Moab Oct 28 '12 at 21:04

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Unfortunately no, the XP license on the HP machine is not transferable. Windows licenses that come with pre-built PC's from manufacturers like HP and Dell use a Microsoft Windows OEM license that states the license is associated with the motherboard and is not transferable. So you would not be able to legally use the HP XP license to use on or use as a basis to pgrade the new machine. If the old XP machine used a different, Retail Windows XP license (for example from a separately purchased copy of windows from a store) that would be tranasferrable. Sorry.

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As per this article a clean install of the RTM version is possible using the offer, but you will initially need to use the Upgrade Assistant to qualify the PC, which probably means you'll need a genuine key for Windows XP at hand. Most likely the HP OEM SLP key from your XP install will not work (even if you could extract it somehow), but the key on the COA sticker should work fine for this purpose.

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You may want to trim the $15 offer part of your answer since it has nothing to do with the question. The rest of your answer is fine. – Synetech Oct 22 '12 at 20:55
@Synetech: I specifically mentioned that because he said he bought a new PC, so I wanted to clarify that it won't qualify for the $15 upgrade since it didn't come with Win7 installed. – Karan Oct 22 '12 at 21:00
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Yes, but they said that their new PC had no OS, so it’s irrelevant (unless you are hinting that they buy a different PC with Windows 7). – Synetech Oct 22 '12 at 21:01
No, that's not what I am suggesting obviously. But what's the harm in letting a user who's contemplating buying a Win8 Upgrade know that he won't qualify for the lower price, in case he mistakenly thinks he can get it for $15? I honestly don't see that note as being entirely out of place or irrelevant (plus even if he knows, others might not, and even if they do too, it's just a bit of extra info. in that case, isn't it?) – Karan Oct 22 '12 at 21:12
As my question is upgrading a from xp to 8 using the 40$ upgrade program, the info about 14.99$ upgrade is irrelevant here. – Khaleel Oct 23 '12 at 4:22
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