United3dArtists Archive

3dfrog · Post by **3dfrog** » 30 May 2009, 17:49

Hello

I was gonna email tom and ask him, but I dont want to send ts cutomer support questions to his personal email, so i figured would be better to ask here on the forum. And other people might have the same question.

I am wondering if we are allowed to sell our old 6.6 copies of the software, with box and instructions and cd. I only have 7.61 installed at this point and I have no need for 6.6, 7.61 does all i need. And I saw someone asking for a standalone model side on the forum, which is really just 6.6 anyway, so figured people may be interested in buying 6.6.

Does Tom or anyone else here know?

It's not like I'm selling an electronic copy or anything, it is a boxed product.

Thanks,
Dennis

First Light · Post by **First Light** » 30 May 2009, 20:52

Hi 3dfrog,

I don't have trueSpace 6.6 installed any more so I couldn't check its License Agreement. But I suspect that it didn't change after version 6.0. So I checked my version 6 printed User's Guide. Here's what the relevant portion of the Caligari Software License Agreement states:

Caligari Software License Agreement wrote:3. Other Restrictions. This license is your proof of license to exercise the rights granted herein and must be retained by you. You may not rent or lease the Software, but you may transfer your rights under this license on a permanent basis provided that you transfer this license, the Software and all accompanying written materials, you retain no copies, and the recipient agrees to the terms of this License. You may not decompile, or disassemble the Software. If the Software is an upgrade, any transfer must include the update or upgrade and all prior versions.

The answer to your question is "yes" you may sell your copy to someone else as long as you adhere to the restrictions listed in the License. The biggest restrictions and ones that are often abused are: [1] the seller failing to remove all copies from their computer. [2] The seller treating an upgrade as a stand-alone copy of the program. If the seller purchased a boxed copy of trueSpace 6.6 as an upgrade to a prior version, he/she must also transfer all of those prior versions along with it.

I hope this helps.

Best regards, First Light

compPanda · Post by **compPanda** » 30 May 2009, 22:01

I would like to point out that many countries has law regarding sales of old software and they will override the license agreement.
Where I live you can always sell a boxed products (as long as you don't keep any copies) no matter what license agreement says. I think this is a common EU rule but I am not sure about that.

Jack Edwards · Post by **Jack Edwards** » 30 May 2009, 23:33

There have been some court rulings in the US to that effect recently as well.

v3rd3 · Post by **v3rd3** » 31 May 2009, 03:36

I would sell the box for $999.99 and use the software as a gift with purchase....

First Light · Post by **First Light** » 31 May 2009, 10:29

v3rd3 wrote:I would sell the box for $999.99 and use the software as a gift with purchase....

3dfrog · Post by **3dfrog** » 31 May 2009, 11:20

Thanks folks. Looks like I can sell it. That's cool. If anyone has interest in it let me know, we'll work something out. I'm thinking about 100 bucks for it or a reasonable offer. Get the ts 6.6 collector's box!!!!! hehehe

Well, actually it's the 6.5 box and cd but I got it so close to 6.6 release they gave me the 6.6 upgrade electronically, it is an upgrade installer for the point release I had to download, so that upgrade installer would be burnt to a backup disk. Is there any conflict with that?

marcel · Post by **marcel** » 08 Jun 2009, 17:15

TS 6.6 have not the hdri as TS7.6 model side.
do you want my TS 2.0? I have the disk.

tatts · Post by **tatts** » 08 Jun 2009, 17:41

@ Marcel, that is really cool, and My god their old... My Pc does'nt even have an A drive, nor did my last.

marcel · Post by **marcel** » 08 Jun 2009, 18:15

I have even older 3d soft but in punched tape! My first program to show trajectories of fire. But I do not have the building containing the computer since a long time.

Finis · Post by **Finis** » 08 Jun 2009, 18:52

"A deal is a deal."

Some countries have laws overriding a contract where no party is agreeing to anything illegal. Yep they do. Nothing wrong with a software license that says you can transfer it but if you buy a license, agree to a contract, that says you can't, then the only government power that should be part of that is to make breech of contract a crime. "Should" doesn't count in that arena though.

Fortunately, the TS6 contract says you can transfer it.

Jack Edwards · Post by **Jack Edwards** » 08 Jun 2009, 21:12

The argument is more that the concept of software licensing itself is a "fraud". That the *sale* of software is indeed a *sale* not a "license". In which case laws applicable to the sale of goods would apply.

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Re: Can we sell our old 6.6 version? TheTomG do you know?

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Re: Can we sell our old 6.6 version? TheTomG do you know?

Re: Can we sell our old 6.6 version? TheTomG do you know?