It is the supplier that would actually be violating their terms of agreement with Microsoft, as they are selling a new computer that they did not build with an OEM version. That said...

the OEM version is

  • - usually 32bit OR 64 bit only.
  • - tied to only the first computer it is installed on, and can never be transferred to a new computer
  • - The support must be provided by the company that sold you the windows OEM disks. You can only call Dell for hardware failures, not for Windows help.

The retail version

  • - includes both 32 and 64 bit OS
  • - has 90 days of support from Microsoft.
  • - Can be installed on a new computer, if you remove it from the previous computer.

Lastly the OEM version is about half price as the Boxed version, includes 99.99% exactly the same software (if the WGA verification is a bit different). If you paid full price for the OEM you should expect the retail version. Not because the software is any different, just because the supplier is profiting by breaking their agreement with MS.

The short answer is" use it if you got a good price for it. You should be able to activate it at home is you have the Key. And it should behave as normal. I would only complain to the supplier if you paid too much.