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Well - I'm a lawyer (non-practicing) in Florida - and I believe this license is
governed by Florida law (my SuperCharts license is). Florida courts are pretty
liberal - and pretty pro-consumer - so it's possible that this "contract" might be
deemed a "contract of adhesion" (that's when the terms of the contract are so
onerous that a court refuses to enforce them). Why shouldn't private parties be
able to sell used copies of software (assuming they don't keep using the program
themselves - and they're not asking Omega to do anything)? That's like saying I
can't sell a used computer with the original OS on it.
I'm sure I could argue on the other side of this issue (that's what it means to be
a lawyer <g>) - but I think there's a great deal of unfairness in these trade
practices. And - since Omega is reading this list - I will add for its benefit
that I subscribed to this list to evaluate whether I should buy TradeStation when
my SuperCharts expires due to Y2K problems. Unless something changes - what I've
read has convinced me to rewrite my systems so they'll work on some other software
(even if I have to chart the systems element by element). And I'm in the process
of reworking things now. Robyn
Dennis Holverstott wrote:
> > "Grant of License. Omega grants to you the non-exclusive license to use one
> > copy of the enclosed software program (the "Software") and data (the "Data")
> > on a single terminal connected to a single computer.
>
> Does this mean that a license holder may not allow a family member or an
> employee to sit at his computer and use the software?
>
> > This Agreement and the
> > license granted may not be transferred, assigned, leased, rented,
> > sublicensed, or otherwise transferred by you."
>
> Does this mean that, if the license holder dies, his heirs may not use
> the software?
>
> Let's hear from the lawyers on the list. Would this contract stand up to
> a court challenge? To me, it seems vague and unreasonable. In fact, is
> it even a contract without a date and a signature?
>
> --
> Dennis
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