[amayausers] Re: Licensing fee
- From: "Roland R. Irish III" <signman@xxxxxxxxxxxxxxxxxxx>
- To: amayausers@xxxxxxxxxxxxx
- Date: Tue, 22 Aug 2006 11:32:42 -0400
Here's the skinny...as the kids say.
Right in front of the Amaya book, and also the DesignShop book...
The one page right in the front of the handbook is titled "License
Agreement For Melco Software"
notice that last word...."SOFTWARE".
#1...GRANT OF LICENSE.....if you read it all and translate it to
plain english...you have NOT "purchased" the PROGRAM (Amaya OS or
Designshop)...what you have purchased is the 'right to USE the program'.
All rights to the software/program belong to Melco.
Last 2 lines ..."The Product is licensed for use only by User and may
not be re-licensed or sub-licensed without Melco's prior written
permission. In the event that Melco grants such permission, a re-
licensing fee will be charged".
then down the page, after all the blahblahblah,
#7....CUSTOMER'S RESPONSIBILITY....
.....It is also the responsibility of the User to disclose to a
potential buyer of the Product, that the transfer of the Product
requires the prior written permission of Melco and that a re-
licensing fee is charged by Melco for transfer of the license to
another party.
Look at it like this....without that DONGLE, you cannot run either
the machine or the programs, and Melco retains ownership OF THE
DONGLE....so that is really what you are 'licensing' to use.
If you owned a MacDonald's franchise, and sold your MacD's to someone
else-just because you already own the rights to call it a
MacDonald's...you cannot 'sell' the franchise to someone else-they
will own the building and equipment, but NOT the rights to use their
name, their recipes, anything. They will have to pay again for the
same 'franchise' you had.
Same with the programs....Melco owns the rights (like a copyright) to
their programs and dongles. To 'service' a new buyer, that person has
to pay for the 'usage' of the program and dongle, which then gives
them access to service.
No where can I find anything about a 'transfer fee' on the MACHINE
itself....just on the SOFTWARE.
But, without the software, you aren't going to be using that machine!
Roland
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