Not only but also

In the case of second hand ex-corporate equipment, if the corporation licenses windows with a Select style agreement and never runs the OEM version of windows pre-installed on the machine it means they are running a different copy (possibly even version) of windows, and the pre-installed one has never had its EULA clicked on or agreed to. The issue of what is in the EULA of that copy is somewhat irrelevant to the organisation which sells it, as they have not agreed to anything about licensing it and were not given an opportunity to avoid buying it when they purchased the hardware. Sounds like a debatable plus point to bundled OS sales from the perspective of someone who buys an ex corporate PC with a license sticker on it to me, and I can't see why that unused license pack couldn't be sold on to be used on another machine (from the same manufacturer in the case of the OEM version). If there is a reason why then there needs to be a law to sort that out.