'reFX license transfers not allowed'

[joshhunsaker]

As I wrote earlier no one can prohibit licence transfers. There are some rules to observe, but you can sell every software basically. Don't let them drive you mad!

wait... how does this work then... is there a way to "force" companies to accept transfers and make them legit?

[telebunke]

And the developer has the right to say that the license is personal and you can't resell it to anyone else.

which is against the law in somw countries.

Let's face it
Question 1: what's the reason?
It's because of alle the people using illegal copies.
That's why the legal users have to suffer.

Question 2: Do you personally know someone who is using
illegal copies? What did you DO about it?
Did kick his ass, threatend him to pay for it now, or else you's give his adress to the software manufactorer or the police?
No? You didn't do anything about it? Well that's reason number 2 why we got to suffer.

tele

[diverdee]

I talked with Michael of reFX directly.
According to his software he said, that he has a contract with share-it. share-it is the reason for this behaviour. He said, too, that these are the legal contracts of share-it.

Perhaps he is not honest to me as a customer.
But officially he sold the rights to share-it and share-it has the possibility to make there own contracts with the customers

This sure needs clarifying, i'm waiting with baited breath & i'm purdy sure there's a mob waiting with baited pitchforks

[Chris Walton]

http://www.shareit.com/terms.html?sessi ... 6961c1430d

Section 11.1

You shall not seize the products or transfer the products by way of security. If you are a consumer, you shall not resell products.

So no, share-it doesn't allow license transfers.

[thorau]

It is totally unimportant what a company writes in its business conditions. The law is superior to those. There are some things to care about then no company is authorized to prohibit such transfers. Ask a lawyer please!

[b-pole]

Ask a lawyer please!

good idea

[whyterabbyt]

http://www.shareit.com/terms.html?sessi ... 6961c1430d

Section 11.1

You shall not seize the products or transfer the products by way of security. If you are a consumer, you shall not resell products.

Actually section 11.1 of that page says

11.1 You shall indemnify us against any and all liabilities, claims and costs incurred by or made against us as a direct or indirect result of us performing Services or carrying out any work on or to the Products where this has been done to your (or your representative's) specific requirements or specifications causing an infringement or alleged infringement of any proprietary rights of any third party.

The statement you have quoted doesn't appear to exist on that page at all.

Howver the following statement does exist in Section 11.2

In the event that the Products are or may be the subject of patent, copyright, database right, registered design, trade mark or other rights of any third party, you should refer to the relevant terms of the Product manufacturer and/or licensor/owner. We shall be obliged to transfer to you only such right or title as we have.

So no, share-it doesn't allow license transfers.

Share-It clearly and repeatedly state that individual license terms pre-empt their own 'default' conditions of sale and use e.g .

8.1 Where any Product supplied is or includes software ("Software"), this Software is licensed by us or by the relevant licensor/owner subject to the relevant end-user license agreement or other licence terms included with Software ("License Terms") and/or the Product. In addition:
8.1.1 Such Software may not be copied, adapted, translated, made available, distributed, varied, modified, disassembled, decompiled, reverse engineered or combined with any other software, save to the extent that (i) this is permitted in the License Terms, or (ii) applicable law expressly mandates such a right which cannot legally be excluded by contract.
8.1.3 Except to the extent expressly provided by us in writing or under relevant License Terms, Software is provided 'as is' without any warranties, terms or conditions as to quality, fitness for purpose, performance or correspondence with description and we do not offer any warranties or guarantees in relation to Software installation, configuration or error/defect correction. You are advised to refer to any License Terms with regards to determining your rights against a manufacturer, licensor or supplier of the Software.

[Chris Walton]

Actually section 11.1 of that page says

11.1 You shall indemnify us against any and all liabilities, claims and costs incurred by or made against us as a direct or indirect result of us performing Services or carrying out any work on or to the Products where this has been done to your (or your representative's) specific requirements or specifications causing an infringement or alleged infringement of any proprietary rights of any third party.

The statement you have quoted doesn't appear to exist on that page at all.

Howver the following statement does exist in Section 11.2

In the event that the Products are or may be the subject of patent, copyright, database right, registered design, trade mark or other rights of any third party, you should refer to the relevant terms of the Product manufacturer and/or licensor/owner. We shall be obliged to transfer to you only such right or title as we have.

Eh...

Section 11.1 does state what I quoted above (it's the last part of 11.1), and that which you quoted is the beginning of section 12, not 11.2

So no, share-it doesn't allow license transfers.

Share-It clearly and repeatedly state that individual license terms pre-empt their own 'default' conditions of sale and use e.g .

8.1 Where any Product supplied is or includes software ("Software"), this Software is licensed by us or by the relevant licensor/owner subject to the relevant end-user license agreement or other licence terms included with Software ("License Terms") and/or the Product. In addition:
8.1.1 Such Software may not be copied, adapted, translated, made available, distributed, varied, modified, disassembled, decompiled, reverse engineered or combined with any other software, save to the extent that (i) this is permitted in the License Terms, or (ii) applicable law expressly mandates such a right which cannot legally be excluded by contract.
8.1.3 Except to the extent expressly provided by us in writing or under relevant License Terms, Software is provided 'as is' without any warranties, terms or conditions as to quality, fitness for purpose, performance or correspondence with description and we do not offer any warranties or guarantees in relation to Software installation, configuration or error/defect correction. You are advised to refer to any License Terms with regards to determining your rights against a manufacturer, licensor or supplier of the Software.

reFX doesn't override the share-it terms though. Thus, by default, license transfers of reFX products aren't allowed. (I didn't know about the overriding part, I'll have to admit)

But why is it so bad that license transfers aren't allowed? Many other companies don't allow it either, even in other industries.

This while discussion will be irrelevant for future reFX products anyway.

It is totally unimportant what a company writes in its business conditions. The law is superior to those. There are some things to care about then no company is authorized to prohibit such transfers. Ask a lawyer please!

Then ask a lawyer. In all countries I can think of, it's allowed to prohibit license transfer.

Hey, I have a huge example - Blizzard Software. Ever tried to transfer a WoW account to somebody else? Blizzard has millions of customers, and they don't allow license transfers. Don't you think Blizzard has a huge team of lawyers that, among other things, think about those kinds of issues?

Microsoft has an even bigger team of lawyers, and you can't transfer games you buy via Xbox 360 to somebody else.

[whyterabbyt]

Section 11.1 does state what I quoted above (it's the last part of 11.1), and that which you quoted is the beginning of section 12, not 11.2

No, it doesnt. Maybe you should refresh your browser or something. Or get rid of the sessionid in your link.



http://www.shareit.com/terms.html

reFX doesn't override the share-it terms though. Thus, by default, license transfers of reFX products aren't allowed. (I didn't know about the overriding part, I'll have to admit)

Then blaming it on being something shareit have forced ReFX to do is wrong.

[Chris Walton]

maybe it shows us different terms because your IP is in the UK and mine is in Germany.

[whyterabbyt]

very odd.

[djsubject]

that's just bizarre!

[Meffy]

One of you is in the UK, one in Germany. It's possible the site serves up different terms for different countries. One might test this hypothesis if one were a buncha guys in a buncha different countries.

[whyterabbyt]

One of you is in the UK, one in Germany. It's possible the site serves up different terms for different countries. One might test this hypothesis if one were a buncha guys in a buncha different countries.

Seems so, although share-it specifically say, on the one I see, that that's their regulations based on German law, and that local law may override any parts of it.

Delivering different terms to different end-customers though is one thing; surely there should be some consistency in the terms their clients (ie people who use share-it as a payment processing agency) receive, particuarly when that seems to affects the terms under which such a 'client' might do business with a customer. Its like your bank telling you who you can work for, and what has to be in the contract, just because they clear cheques for you.

And again, local law trumps everything else.

[jupiter8]

I get the same one as WhyteRabbyt but with this added

If you are a consumer this Condition 11.1 is not applicable on you.