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As with any legal issue, there are different sides. Many hold the opinion
that "shrink-wrap licenses" are unenforceable for a number of reasons.
To read one reasoned legal opinion, see:
http://www.lawinfo.com/forum/cojk/shrink-wrap.html
Allan
At 06:36 PM 9/16/99 -0400, editorial@xxxxxxxxxxxxx wrote:
>Jerry,
>
>The buyer does have a contract with Omega Research. The contract
>specifics are spelled out in the license agreement agreed to by the buyer
>when he opens the disks and/or installs the software. This license
>agreement contract is as binding on both parties as any contract written
>out on paper and signed by both parties. It is fully enforceable.
>
>I do not understand your reference to a "lease". I do not know of any
>lease being involved here.
>
>As for other software, it can be transferred if the license agreement
>allows for transfer. Omega's license agreement specifically prohibits
>transfer of the license.
>
>
>
>
>Jerry wrote:
>
>I have always wondered about buying used software that is licensed. Since
>the buyer has no contact or agreement with omega research how can he be
>subject to any restrictions placed by omega on the license if in fact it
>is a lease. It seems to fit the definition of a sale much more closely
>than the definition of a lease.
>Jerry R
>
>editorial@xxxxxxxxxxxxx wrote:
>
> > I hate to be a wet blanket at this party but be careful if you're
> considering buying a used copy of TS. The software is licensed, not
> sold, and the license is not transferrable. Therefore, there's really no
> difference between "buying" a used copy and just plain-old bootleg
> copying the software... either way you're using unlicensed software.
> >
> > If you're going to go this way, why pay for a used copy? Why not just
> copy someone's CD?
> >
> > ----------------------------
> >
> > Some people might find this of some interest.
> >
> > ----- Original Message -----
> > From: <trevorharnett@xxxxxxx>
> > Sent: Thursday, September 16, 1999 1:50 PM
> > Subject: TradeStation 2000i for Sale
> >
> > : Changing to a different trading platform and no longer need TS 2000i.
> > : Originally upgraded from TS 4.0. Complete with TS 2000i CD,
> > : HistoryBank.com CD, and manuals. Best Offer.
>
>
>
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