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At 05:05 PM 6/20/01 -0700, Carmine J. Cordella wrote:
>Does anyone know why one can't sell TS4 ?
>Thank you.
>CJ
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I don't know the legal implication, but if you turn to the first page of
TradeStation Version 4 User's Manual, you'll find:
"SOFTWARE LICENSE AND LIMITED WRRANTY
......
1. 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. This
agreement and the license granted many not be transferred, assigned,
leased, rented, sublicensed, or otherwise transferred by you. You may not
network the Software or Data or otherwise use or have access to the
Software or Data on more than one computer or terminal at the same time.
2. OWNERSHIP AND COPYRIGHT. The software was developed by Omega. The Data
was developed by Global and/or Genesis and their suppliers and was licensed
by Omega from Global and/or Genesis. The Software and the Data were
developed, compiled, prepared, revised, selected and arranged through the
application of methods and standards of judgment developed and applied
through the expenditure of substantial time, effort and money, constitute
confidential and valuable industrial property and trade secrets, and are
protected by United States copyright laws and international treaty
provisions as well as other intellectual property laws and treaties. All
title and copoyrights in and to the Software or the Data and the
accompanying printed materials are owned by Omega or its suppliers. You
acquire only a non-exclusive license to use the Software the the Data
subject to this Agreement. You agree not to duplicate the Software or
Data, except that you may either: a) make a copy of the Software solely for
backup or archival purposes, or b) transfer the Software and Data to a
single hard disk, provided that you keep the original solely for backup or
archival purposes. You may not directly or indirectly offer or transmit
all or any portion of the Software or Data to third parties whether by way
of subscription, license, sale or othrwise. You may NOT copy the written
material accompanying the Software. You may not reverse engineer,
de-compile, or disassemble the Software or the Data."
Perhaps Mark Jurik may explain more clearly why or why not one can't just
sell TS4.
Like jaywalking or spitting, if one's not caught in the act, one's not
perseucted. If one does it in front of a cop, that's a different story.
Perhaps by using e-Bay, one makes it public that he/she intends to "sell"
the software, which act seems to be against the license agreement.
Regards,
Wong
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