Buying used software

[Sandy Proesch]

I am having an argument with the moderator of a recycle group that I belong
to. She says it is okay to resell or give away Microsoft software that has
been removed from the orginal computer it was installed on. I say it isn't.

I'm really only used to volume licensing and MS Partner NFR packs, so I
tried to look up the retail EULA on Microsoft's web site, but other than
talking about activation, I couldn't see anything in it that specifically
says you can't give or sell used MS software. Am I wrong?
--Sandy

 

[Ronnie]

I asked this question a while ago in respect of a copy of XP Pro operating
system. The advice from an MVP was that it is ok - and for the end user a
'comfort' letter should be supplied confirming that the original user had
removed all traces of it from their machine. I didn't eventually proceed so
I don't know how a new user would get on trying to activate.

I am actually here to ask the same question in respect of Office XP
(Student/ Teacher Edition). If I buy Office 2003 S/T Edition (for which I
qualify) can I give away my XP edition to a family who also qualify? Will
there be activation problems?

Regards

Ronnie

 

[LaManchaDQ]

I am having an argument with the moderator of a recycle group that I belong
to. She says it is okay to resell or give away Microsoft software that
has
been removed from the orginal computer it was installed on. I say it
isn't.

I'm really only used to volume licensing and MS Partner NFR packs, so I
tried to look up the retail EULA on Microsoft's web site, but other than
talking about activation, I couldn't see anything in it that specifically
says you can't give or sell used MS software. Am I wrong?
--Sandy

Generally speaking, most licenses, including Microsoft ones I've read in the
past, the license requires that to give the software away it must be removed
from the original computer, and all media, documentation and license must be
provided to the person who is receiving the software. Further most licenses
of this type also require that the receipient AGREE to the license as the
original user did.

In short it is OK to give way the software as long as the license continues
to be adhered to. The EULA is usually found on the installation disks. The
concept is that the license follows the software, not the user. If each
user adheres to the provisions of the license then all will be right with
the world and Microsoft.

 

[bxb7668]

I am having an argument with the moderator of a recycle group that I
belong
to. She says it is okay to resell or give away Microsoft software
that has
been removed from the orginal computer it was installed on. I say
it isn't.

I'm really only used to volume licensing and MS Partner NFR packs,
so I
tried to look up the retail EULA on Microsoft's web site, but other
than
talking about activation, I couldn't see anything in it that
specifically
says you can't give or sell used MS software. Am I wrong?
--Sandy

As a rule, OEM versions cannot be given away separate from the
hardware. Retail versions can. Again, you must read the EULA
associated to the specific version for the full answer.

Brian

 

[Milly Staples [MVP - Outlook]]

To chime in here, you must also include any qualifying software if the
software you are giving away is an upgrade disk. So, if you use Office 97
and upgrade to Office XP and now want to give away Office XP, you must
include Office 97.

Once caveat is that if you upgrade to Office 2003, you must retain ALL
qualifying products involved in the upgrade, meaning Office 97 and Office XP
as they become tied to your upgrade license. Without them, your upgrade
license is void.

--
Milly Staples [MVP - Outlook]

Post all replies to the group to keep the discussion intact. All
unsolicited mail sent to my personal account will be deleted without
reading.

After furious head scratching, Sandy Proesch asked:

| I am having an argument with the moderator of a recycle group that I
| belong to. She says it is okay to resell or give away Microsoft
| software that has been removed from the orginal computer it was
| installed on. I say it isn't.
|
| I'm really only used to volume licensing and MS Partner NFR packs, so
| I tried to look up the retail EULA on Microsoft's web site, but other
| than talking about activation, I couldn't see anything in it that
| specifically says you can't give or sell used MS software. Am I
| wrong? --Sandy

 

[JoAnn Paules [MVP]]

For future reference:
http://www.microsoft.com/office/eula/en.mspx