Indeed it does using CPU-z program... anyway I can't find it in the bios to check even if NX is under a different name (maybe Asus has decided people who would buy this cheaper board wouldn't want NX off so it's always on, also win 10 insider is running on the same computer, and I disconnected that HD so there was only the win 7 HD to upgrade
And what's puzziling is on the MS site they say any programs that won't work with W10 (on the upgrade) will be disabled and I would be informed which ones,
The problem seems to centre around the re-boot after installing as it just boots back into win 7 (and I haven't got easybcd installed), also checked for any bad sectors on HD.
Anyway if I solve this puzzle in the future will post the answer...thanks all