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Equis position is that I can sell the 7.03 but not the 7.2 upgrade.
I am going to seek some legal advice to get a legal interpretation
of the agreements. I'll post what I find for those that care.
Sean
--- In equismetastock@xxxxxxxxxxxxxxx, "Peter Kuskopf"
<pkuskopf@xxxx> wrote:
> Curly one. I don't know the answer. Does Equis have a position?
>
> Peter
> ----- Original Message -----
> From: marketsniper
> To: equismetastock@xxxxxxxxxxxxxxx
> Sent: Monday, September 08, 2003 5:01 AM
> Subject: Re: [EquisMetaStock Group] You can't sell your
MetaStock 7.2 !!!!
>
>
> Peter:
>
> I understand what you are saying. My difficulty with Equis in
this
> matter is that my 7.2 was an upgrade to my 7.03. My 7.03
license
> DOES allow a transfer of license. Additionally, the 7.02
license
> requires that the transfer include ALL upgrades.
>
> So, you can see my problem. 7.03 is transferrable and requires
that
> all upgrades be included. 7.2 is not transferable. What is one
to
> do? No matter what, I am breaking the agreement. When I sell my
> 7.03, if I include the 7.2, I'll be in agreement with the 7.03
> agreement but not the 7.2. If I sell the 7.03 without the 7.2,
I am
> not in agreement with the 7.03 but only the 7.2.
>
> Which agreement is binding? The first or the second?
>
> Thanks for letting me vent,
>
> Sean
>
> --- In equismetastock@xxxxxxxxxxxxxxx, "Peter Kuskopf"
> <pkuskopf@xxxx> wrote:
> > Metastock is not unusual in the shrink-wrap marketplace. Many
> companies do not allow for transfer of a licence.
> >
> > In the larger non-shrinkwrap market, it is usual for a licence
> transfer fee to be payable. Sometime the transfer fee can be
> extortionate.
> >
> > I'm not rationalising these pactices, but they are a fact of
life.
> Equis is not unusual in this respect.
> >
> > Peter K
> > ----- Original Message -----
> > From: marketsniper
> > To: equismetastock@xxxxxxxxxxxxxxx
> > Sent: Friday, September 05, 2003 9:37 AM
> > Subject: [EquisMetaStock Group] You can't sell your
MetaStock
> 7.2 !!!!
> >
> >
> > Did you know, according to Equis Software License Agreement,
you
> are
> > not allowed to sell your 7.2 + MetaStock? According to the
> > Agreement, "You may not: (i) modify or create derivative
works
> based
> > on the Software or Documentation; (ii) lease, rent,
transfer,
> > sublicense, or distribute the Software or the
Documentation;..."
> > Equis considers this to include selling your MetaStock to
> someone
> > else (transfer of license).
> >
> > I found out the hard way when I attempted to sell my
original
> > metastock with all of its original manuals on eBay. Equis,
> through
> > VeRO, got my ad removed. I have been in numerous e-mails
with
> > Intellectual Property at Equis and they will not allow 7.2
to be
> > sold. So, after you buy the license (according to the
Agreement,
> > you are sold a license, not the software... you never own
the
> > software...), you are stuck with it, never able to recoup
any of
> > your money. I wish I had read the complete Agreement prior
to
> > purchasing MetaStock.
> >
> > If anyone out there has any ideas or thought on this, I
would be
> > interested in hearing them.
> >
> > Thanks,
> >
> > Sean
> >
> >
> >
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> >
> >
> >
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