[Sell] Visual Studio .NET 2003 Professional

  • Thread starter Thread starter Tony
  • Start date Start date
You are not allowed to do that!
You have accepted terms of usage that forbids you to sell, etc. your
software!
This ng is not a department store either, in which you can put your goodies
on display.
 
If you had bothered to look at the listing before making your accusation, you
would have seen the following in his description:

"This is an auction for an orginal BRAND NEW BOXED and SEALED copy of
Microsoft Visual Studio .NET Professional Edition"

I would sy that since this is a new, sealed copy, he's agreed to no terms of
usage or anything of the sort.

Cletus
 
Adrian said:
You are not allowed to do that!
You have accepted terms of usage that forbids you to sell, etc. your
software!
This ng is not a department store either, in which you can put your goodies
on display.
Click to expand...

The box is sealed -- the owner is free to sell it at their discretion.

Software license agreements, if enforceable, only apply if the software is
installed. Further, the legal enforceability of such agreements is not clearly
defined by the (US) courts; I don't know how CA courts interpret/enforce such
agreements.
 
If what you say is true, I stand corrected.
However I wonder if it is true what you say.
I would say that there is a contract and that
parties are bound by the terms of the agreement.
 
Adrian said:
If what you say is true, I stand corrected.
However I wonder if it is true what you say.
I would say that there is a contract and that
parties are bound by the terms of the agreement.
Click to expand...

Regardless of the question of the legal validity of shrinkwrap
agreements, my EULA seems to permit resale even if the software were
opened and used (with the exception of if the software in question is an
NFR (Not for Resale) copy):

17. SOFTWARE TRANSFER. The initial user of the Software may make a
one-time permanent transfer of this EULA and Software to another end
user, provided the initial user retains no copies of the Software. This
transfer must include all of the Software (including all component
parts, the media and printed materials, any upgrades (including any
Qualifying Software as defined in Section 13.3), this EULA, and, if
applicable, the Certificate of Authenticity). The transfer may not be
an indirect transfer, such as a consignment. Prior to the transfer, the
end user receiving the Software must agree to all the EULA terms.
 
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