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Sean,
One more point to add to the last post to you written below. If you
upgraded from 7.03 to 7.2 and someone else did not upgrade from 7.03
to 7.2, you are bound by the legal agreement of verion 7.2 and the
other user is bound by the version 7.03 agreement. The agreement
includes any previous version you have paid for in the past up to and
including the last upgrade.
--- In equismetastock@xxxxxxxxxxxxxxx, gann_144 <no_reply@xxxx> wrote:
> 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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> > > >
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