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Virtual ownership. Full ownership is not granted, even though you
paid in full for TS2ki, because the software is not as advertised and
most likely never will be. Therefore you ability to sue or file a
class action suit is limited or non existant.
Am I wrong? Many corporations do this. I would if I was them.
Failure to provide what they advertise would be false advertising.
Failure of the software during a trade might result in a loss. Sticky
business. Stuckey me many times.
Jimmy
Actually, I don't think you own TS2000i. You just think you do. :)
My rule of thumb as to whether I truly own something is this: can I
legally sell it to someone else? Bob gave the analogy of a TV. If I go
down to Best Buy and purchase a TV, I can then put it up on Craigslist
and sell it for way less than I paid. That is perfectly legal, because
I own the TV. But according to Omega Research's "Grant of License", you
cannot sell or even give the software to somebody else. See below.
Chris McMurry
1. GRANT OF LICENSE.
(a) Omega Research grants to you a nonexclusive license to use one copy
of the software program (the "Software") and all market and other
financial data included with the Software or which you have subscribed
for (the "Data") on a single computer terminal. You may also use the
Software and Data on a network provided that each individual accessing
the Software or Data through the network has separate Software and Data
licensed to, or subscribed for by, that individual. Notwithstanding the
first sentence of this paragraph 1(a), you may use the Software, and any
historical Data included with it, in one additional computer, provided
that solely you are the person to use it on each of such two computers,
and provided further that no application of the Software is used on both
of such computers at the same time. This right is granted to you to
provide the flexibility to, for example, use a Software application at
your home computer and then later in the day at your office computer, or
vice versa, or on your home computer and then on your laptop, etc. This
additional right DOES NOT apply to any use by you of Data obtained by
you from Omega Research on a subscription basis (e.g., HISTORYBANK.COM
Daily Update Service), in which case a separate subscription must be
purchased for each computer through which you receive such Data. If you
have licensed the Software and/or the Data on a monthly or other
periodic basis, under a subscription, lease or similar arrangement, your
right to use the Software and Data terminates at the expiration of your
subscription or lease term, and may be terminated by Omega Research
immediately if you fail to make any required payment or violate any of
your other agreements with Omega Research set forth in this Agreement or
set forth elsewhere. *This Agreement and the license granted may not be
transferred, assigned, leased, rented, sublicensed or otherwise
transferred by you.* In no event shall the Software or the Data be used
by you for, or in connection with, any unlawful purpose.
{ ** © 1987, 1999 Omega Research, Inc. **}
alex@xxxxxxxxxxxxxx wrote:
> On Wed, 17 Feb 2010, jimbob wrote:
>
>> From: jimbob <big_ezy@xxxxxxxxxxxxx>
>> To: omega-list@xxxxxxxxxx
>> Subject: Why?
>>
>> innocent question:
>>
>> why are so many still using 2000i instead of 8.7?
>
> The answers should be obvious. Among them:
>
> 1. I want to own the software I use, not rent it.
>
> 2. I don't need an account with Tradestation. I have other trading
> accounts that suit me just fine.
>
> 3. My use of such software is primarily for backtesting, not trading.
> I see no need to pay for services I don't use.
>
> -Alex
>
>
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