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Sean,
Here is how it works. The agreement in effect is always the last
agreement. If you upgrade from 7.03 to 7.2, then the version 7.2
agreement is the binding agreement. The reasoning is that you are now
a version 7.2 user and not a 7.03 user anymore. You are a user of
Metastock no matter what version you use currently. That is why its
called an "upgrade". The last agreement always supercedes any
previous agreement because in effect you have just signed a new
agreement. The last agreement includes any copies of previous
versions...its inclusive of all copies. The only reason Equis
demanded from eBay to withdraw any sales of Metastock is because too
many people dont understand the agreement with its legal
ramifications and because of this confusion (and fraud) they halted
all sales. I hope this clarifies it.
--- In equismetastock@xxxxxxxxxxxxxxx, marketsniper <no_reply@xxxx>
wrote:
> 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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