Have photopost pro + photopost vbgallery license - want to sell - how ?

cinq · December 3rd, 2005, 08:52 PM

I have licenses to both Photopost Pro as well as the now Photopost vBGallery.
I would like to go about offering these 2 licenses up for sale as I will no longer use them.

Is there anything I should take note of ? How could I go about this ?
Please advice.

Chuck S · December 4th, 2005, 04:13 AM

Hello Cing,

Per your Photopost License agreement and I do believe this goes for vBGallery as well as there is a thread on this issue in the vBGallery support area your license fees are not able to be sold. We have yet to post vBGallery info on our site but the old license from vBAdvanced prohibited transfer and it would be similiar under our company policy we already have. This is right in the Photopost license agreement which you agree to when you purchase a PhotoPost license

Quote:

License fees are non-refundable and this license is non-transferable.

Zenith · December 4th, 2005, 04:57 AM

Someone should put that to the test. Legal precendents have been made against Microsoft no less.

Chuck S · December 4th, 2005, 05:09 AM

I beleive you are mistaken on the nature of the issue.

Microsoft was gone after for being a monopoly

Software licenses and its policies are iron clad.

Zenith · December 4th, 2005, 05:12 AM

I'll see if I can find the decision. It was earlier this year I think. Nothing to do with the usual Microsoft monopolies, it was concerning the transfer of licenses.

Chuck S · December 4th, 2005, 05:20 AM

Right but Microsoft allows transfer's they do not explicitly state upfront before purchase that licenses are none transferable. We explicitly state this information before purchase. There is a big difference there.

cinq · December 4th, 2005, 07:17 AM

In other words, I am stuck with licenses I no longer use ?

Chuck S · December 4th, 2005, 07:26 AM

You will own those licenses as long as you are alive correct.

Zenith · December 4th, 2005, 03:11 PM

Quote:

Originally Posted by Chuck S

Right but Microsoft allows transfer's they do not explicitly state upfront before purchase that licenses are none transferable. We explicitly state this information before purchase. There is a big difference there.

Non-transferability ('scuse the made up word) was in the license agreement and that was the issue in this case. I don't have time to track it down at the moment though so I won't argue the point. Suffice to say you can say anything you want in a license agreement, doesn't necessarily make it binding or legal. I can put a sign on the wall at my place of business saying management reserve the right to murder our patrons and jump up and down on their graves singing hallelujah, doesn't make it legal to do so.

Chuck S · December 4th, 2005, 03:46 PM

Well no point arguing this as a question was asked and I simply answered it

That is our licensing agreement and company policy.

Zenith · December 4th, 2005, 04:27 PM

Oh I'm not arguing what your license and policy is. I'm just saying you'd run into problems if someone really wanted to put it to the test. Particularly with regard to the acquisition of vbagallery.

Chuck S · December 4th, 2005, 04:47 PM

Well vbgalleries license policy on transfer's is the same as ours and always was. There are threads on this in the support forums.

Zenith · December 4th, 2005, 04:52 PM

Don't worry, you miss the point. Carry on with normal programming.

Cheers

cinq · December 5th, 2005, 05:19 AM

Quote:

Originally Posted by cinq

In other words, I am stuck with licenses I no longer use ?

Well, that sucks.
Oh well.

BryanG · February 2nd, 2006, 03:53 PM

Really sucks. I purchased a vBGallery license in the midst of the TechIMO/vBAdvanced legal battle, and now I have absolutely no use for it - but I'm stuck with it.

I guess that guarantees that whatever company has that policy will make more money in the long run because people will be forced to buy directly from the company and not be able to buy unused liceneses from the general public.