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Transfer SW license

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Dot Circle Design

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May 1, 2003, 8:36:49 PM5/1/03
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Hi All
If a company LEGALLY owns seats of SolidWorks and they want to sell one
seat, is it possible to transfer the license to the person buying it? My VAR
is closed for the day and I need a fast answer.
Thanks
Mark


Markus Wankus

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May 1, 2003, 9:07:54 PM5/1/03
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Nope. Solidworks will not do it in my experience. They are *very* sticky
about licensing, and will only transfer licenses if a smaller division of a
company is basically absorbed by another, larger 'division' type of
scenario.

Maybe others have had different experiences...

--
Markus

Sporkman

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May 1, 2003, 10:50:05 PM5/1/03
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My UNDERSTANDING is that SolidWorks will support the license transfer
from a company bought lock, stock and barrel to the new owner company.
I don't know of a way for an individual to transfer the license except
MAYBE to start a company as a partnership, include the license as part
of the initial investment, then later sell the company to another
company. I would imagine, however, that if the whole point of the sale
appears to SolidWorks Corp to be the transfer of the license they may
refuse to support the license at the buyer company site. They pretty
much can do what they want to do, within reason, and the only recourse
one might have would be litigation . . . which of course wouldn't even
be worth the cost.

'Spork'

Nick E.

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May 2, 2003, 1:03:17 AM5/2/03
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Sporkman wrote:

> My UNDERSTANDING is that SolidWorks will support the license transfer
> from a company bought lock, stock and barrel to the new owner company.
> I don't know of a way for an individual to transfer the license except
> MAYBE to start a company as a partnership, include the license as part
> of the initial investment, then later sell the company to another
> company. I would imagine, however, that if the whole point of the sale
> appears to SolidWorks Corp to be the transfer of the license they may
> refuse to support the license at the buyer company site. They pretty
> much can do what they want to do, within reason, and the only recourse

when's the last time you saw a EULA that was "reasonable"?

regards,
nick e.

Axel Greiner

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May 2, 2003, 2:55:33 AM5/2/03
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we bought to licences and sold one to another
company.

We had lots of trouble doing this, but european law
is different to american law and finally Solidworks had
to comply with our demand for transfering the licence.


It works, but they really don't like it.

Axel

Brian Lawson

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May 2, 2003, 4:04:55 AM5/2/03
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Hi All

We had a contractor working for us here in the UK who had his own copy
of SWX. He was then given permanent employment and thro our VAR it was
arranged for him to transfer his copy of SWX to us, although the
tranfer is still to be completed. The cost will be however many annual
upgrades is required to bring it upto date. So the answer looks like a
yes.

Cheers Brian

Michael

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May 2, 2003, 2:07:19 PM5/2/03
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My understanding (from my VAR) is that liscenses can only be transferred if
the company that owns them is sold--effectively, that the company is
transferred, not the liscenses. There are a couple other posts in this
thread that seem to follow this general logic.

As I understand it, if (for instance) you own 4 liscenses, and wish to sell
2 of them, but stay in business, you're more or less out of luck. In
addition, if you own, say, SW + Photoworks, the photoworks liscense can't be
sold separately, even if you don't use it.


"Dot Circle Design" <dotcircl...@shaw.ca> wrote in message
news:B4jsa.96920$ja.37...@news2.calgary.shaw.ca...

FrankW

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May 2, 2003, 2:27:47 PM5/2/03
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I can't believe it!
If you bought it, you should be able to do
what the f$%k you want with it.
I guess you may have bought it, but it seems you don't own it.
Just my opinion.
What if you bought it personally (no company) does that mean you have to
die to transfer it?

Markus Wankus

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May 2, 2003, 2:53:32 PM5/2/03
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On Fri, 02 May 2003 14:27:47 -0400, FrankW <fw...@mxznorpak.ca> wrote:

> I can't believe it!
> If you bought it, you should be able to do
> what the f$%k you want with it.
> I guess you may have bought it, but it seems you don't own it.
> Just my opinion.
> What if you bought it personally (no company) does that mean you have to
> die to transfer it?

Well, in terms of support I think SW can do whatever they want. It makes
sense not to have to deal with software/service agreements changing hands
all the time. The *would* be a nightmare. However, I don't see why you
couldn't sell the *software* - meaning the original box, CD, and serial
number to anyone for whatever you can get for it - with no support
included...EVER.

I mean, if I had a copy of SW98 kicking around with a valid serial number
and regcode from 5 years ago - but didn't buy a maintenance contract -
there should be no reason why Joe Blow couldn't buy that from me and design
his garden shed or a piece of automation equipment using 5 year old
software. He just wouldn't ever have a hope of getting any updates or
service agreement with it unless he bought a new seat of the latest and
greatest. It's the same as me selling a video game I bought for $50 a year
ago, for $10 at a garage sale. So, I guess you *do* own the software -
just not the *service contract* that you pay extra for. That is a non-
refundable, non-transferrable, one-shot-deal...

I assume this is not what the original poster was asking about however...

Markus.

Michael

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May 2, 2003, 4:54:22 PM5/2/03
to
> However, I don't see why you
> couldn't sell the *software* - meaning the original box, CD, and serial
> number to anyone for whatever you can get for it - with no support
> included...EVER.
>
Oh, I don't mean to imply that you shouldn't be able to--just that you
can't. It's in direct contradiction to the liscense included with every
copy.

> I mean, if I had a copy of SW98 kicking around with a valid serial number
> and regcode from 5 years ago - but didn't buy a maintenance contract -
> there should be no reason why Joe Blow couldn't buy that from me and
design
> his garden shed or a piece of automation equipment using 5 year old
> software. He just wouldn't ever have a hope of getting any updates or
> service agreement with it unless he bought a new seat of the latest and
> greatest. It's the same as me selling a video game I bought for $50 a
year
> ago, for $10 at a garage sale. So, I guess you *do* own the software -
> just not the *service contract* that you pay extra for. That is a non-
> refundable, non-transferrable, one-shot-deal...
>

Again, that would be reasonable, but unfortunately isn't the case. I doubt
that SW would be able to track down individual sales (in the same way they
have a hard time dealing with pirates). But... if they were able to track
you down with an "illegally transferred" copy, I imagine they could take you
to court and win rather easily.

<start rant>
In general, the state of software "engineering" is shockingly poor, and the
"contractual terms" (aka liscense agreeement) are generally constructed
grossly in favor of the company, not the buyer. Not to bash on SW in
particular, but most software is buggy, and badly designed--if any of the
warranty or liability constraints applicable to almost any other product
were to apply, software companies would be sued out of business in a
heart-beat. The only reason they get away with it is that we (the folks
that buy the stuff), let them... Unfortunately, we vote with our $$$, and
the votes are clearly for more features, not for quality control (aka,
stability)

As for me--I'd much rather have a TESTED release every two years that
actually works , instead of a buggy, rushed-out piece of junk every year....
Perhaps when software grows up enough to be an actual engineering discipline
(in this lifetime?), things will be better....
<end rant>


Markus Wankus

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May 2, 2003, 9:55:25 PM5/2/03
to
On Fri, 02 May 2003 20:54:22 GMT, Michael
<mb...@nospamlighthouseoptics.com> wrote:

>> However, I don't see why you
>> couldn't sell the *software* - meaning the original box, CD, and serial
>> number to anyone for whatever you can get for it - with no support
>> included...EVER.
>>
> Oh, I don't mean to imply that you shouldn't be able to--just that you
> can't. It's in direct contradiction to the liscense included with every
> copy.
>

And I wasn't implying that you just *could* if you wanted to. Exactly
where does it say in the license you can't sell it to someone else in any
way, shape or form? If it says that - I'd love to read it. Maybe it does.
If so - that is complete crap.

OK - what if I give it away - say I donate it to a school for
underpriviledged children. Does that mean they can't install it they have
to throw it in the garbage? Is there a statute of limitations on the
service agreement, then? If you stop paying the annual fee because the new
versions suck - does that mean you can't go back and use your old trusty
working version of SW? You have to lock it away forever until you start
paying again? If so - then it is no better than the annual fee you must
pay for something like Think3.

I have tons of old software I have bought - which requires a serial number -
that I have sold when it has become outdated. A perfect example would be
McAfee Antivirus. I buy a newer version, and try to get 5 or 10 bucks for
the old one. The person buying it doesn't care about paying to get the
latest and greatest - they just want a tool - even if it is a couple years
old. Which is all software is in the end.

I wasn't suggesting at all you go out and do it even though the license
says you can't. I am not aware that it says you can't. I imagine if it
does it is in the fine print somewhere...

>> I mean, if I had a copy of SW98 kicking around with a valid serial
>> number
>> and regcode from 5 years ago - but didn't buy a maintenance contract -
>> there should be no reason why Joe Blow couldn't buy that from me and
> design
>> his garden shed or a piece of automation equipment using 5 year old
>> software. He just wouldn't ever have a hope of getting any updates or
>> service agreement with it unless he bought a new seat of the latest and
>> greatest. It's the same as me selling a video game I bought for $50 a
> year
>> ago, for $10 at a garage sale. So, I guess you *do* own the software -
>> just not the *service contract* that you pay extra for. That is a non-
>> refundable, non-transferrable, one-shot-deal...
>>
> Again, that would be reasonable, but unfortunately isn't the case. I
> doubt
> that SW would be able to track down individual sales (in the same way
> they
> have a hard time dealing with pirates). But... if they were able to
> track
> you down with an "illegally transferred" copy, I imagine they could take
> you
> to court and win rather easily.
>

Is there really something in the EULA regarding this? I am going to look
this up tonight - you have now piqued my curiosity.


> <start rant>
> In general, the state of software "engineering" is shockingly poor, and
> the
> "contractual terms" (aka liscense agreeement) are generally constructed
> grossly in favor of the company, not the buyer. Not to bash on SW in
> particular, but most software is buggy, and badly designed--if any of the
> warranty or liability constraints applicable to almost any other product
> were to apply, software companies would be sued out of business in a
> heart-beat. The only reason they get away with it is that we (the folks
> that buy the stuff), let them... Unfortunately, we vote with our $$$,
> and
> the votes are clearly for more features, not for quality control (aka,
> stability)
>
> As for me--I'd much rather have a TESTED release every two years that
> actually works , instead of a buggy, rushed-out piece of junk every
> year....
> Perhaps when software grows up enough to be an actual engineering
> discipline
> (in this lifetime?), things will be better....
> <end rant>


I couldn't agree more...

--
Markus

Markus Wankus

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May 2, 2003, 10:19:41 PM5/2/03
to
On Fri, 02 May 2003 21:55:25 -0400, Markus Wankus
<markus...@hotmail.com> wrote:

> On Fri, 02 May 2003 20:54:22 GMT, Michael
> <mb...@nospamlighthouseoptics.com> wrote:
>
>>> However, I don't see why you
>>> couldn't sell the *software* - meaning the original box, CD, and serial
>>> number to anyone for whatever you can get for it - with no support
>>> included...EVER.
>>>
>> Oh, I don't mean to imply that you shouldn't be able to--just that you
>> can't. It's in direct contradiction to the liscense included with every
>> copy.
>>
>
> And I wasn't implying that you just *could* if you wanted to. Exactly
> where does it say in the license you can't sell it to someone else in any
> way, shape or form? If it says that - I'd love to read it. Maybe it
> does. If so - that is complete crap.
>

Nevermind...I stand corrected.

"...and you may not provide access to or use of the Software to any third
party; consequently you may not sell, license, sublicense, transfer,
assign, lease or rent (including via an application service provider (ASP)
or timeshare arrangement) the Software or the license granted by this
Agreement. "

I guess those poor nuns running the school for underpriviledged children
will have to throw away that gift...


But there is also this:

"7. Limited Warranty, Exceptions & Disclaimers

a. Limited Warranty. SolidWorks warrants that the Software will be free of
defects in materials and will perform substantially in accordance with the
Documentation for a period of ninety (90) days from the date of receipt by
you. SolidWorks also warrants that any services it provides from time to
time will be performed in a workmanlike manner in accordance with
reasonable commercial practice. SolidWorks does not warrant that the
Software or service will meet your requirements or that the operation of
the Software will be uninterrupted or error free or that any internet tool
or service will be completely secure. SolidWorks' entire liability and
your sole remedy under this warranty shall be to use reasonable efforts to
repair or replace the nonconforming media or Software or re-perform the
service. If such effort fails, SolidWorks or SolidWorks' distributor or
reseller shall (i) refund the price you paid for the Software upon return
of the nonconforming Software and a copy of your receipt or the price you
paid for the service, as appropriate, or (ii) provide such other remedy as
may be required by law. Any replacement Software will be warranted for the
remainder of the original warranty period or thirty (30) days from the date
of receipt by you, whichever is longer."

So if you spoke up within 90 days you may have got your money back! ;o)

--
Markus

Nick E.

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May 2, 2003, 10:41:47 PM5/2/03
to

Markus,

you have to remember that you aren't buying anything.

You are paying SW (or nearly any other software company) for the privlege of
using the software. you're basically leasing the use of it. Kinda like
leasing a car. At the end of 2 or 3 years, you still DONT'T HAVE A CAR!

and yes, those poor kids can not use the software. look at the way M$ has
gone after cash-strapped schools. "pay us or stop using the software." M$
even has the right to alter your system without notifying you. Take a
gander at the latest M$ media player license. If people actually had to
READ the licenses before purchasing, they'd have heart attacks.

you're buying a license, not a product.

like it or leave it.

That's why I left it.

Happily running mandrake9.1.

--nick e.

Markus Wankus wrote:

--
======================
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Go to http://www.cadsense.co.nz/SWXwish.htm
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======================

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