So really Jacky when people sell second-hand phones, they should not advertise them as having a fully licensed copy of TALKS as that license can't be sold with the phone. Of course people do sell the phone with TALKS on it, but legally they can only sell the phone, not TALKS. So when selling a phone on one of the lists, it would be more legally correct simply to say TALKS is installed, not licensed. It would then be up to the buyer to ask if the TALKS was a demo version or working, but the license always belongs to the original purchaser, as does the upgrade allowance.
Find me on Twitter http://www.twitter.com/barkingbabs Barbara Wilson M: 07917710779 T: 02887784046 E: barkingbabs@xxxxxxxxxxxxxxx IM: creativeeyes@xxxxxxxxxxxxx Skype: creativeeyes----- Original Message ----- From: "Steve Nutt" <steve@xxxxxxxxxxxxxx>
To: <talks-uk@xxxxxxxxxxxxx> Sent: Friday, November 27, 2009 12:18 PM Subject: [talks-uk] Re: to the moderator Hi Jackie,The upgrade is for the original licence owner, not someone else, to update their phone.
The confusion lies in the fact that the licence is non-transferable. All the best Steve -----Original Message-----From: talks-uk-bounce@xxxxxxxxxxxxx [mailto:talks-uk-bounce@xxxxxxxxxxxxx] On Behalf Of Jackie Cairns
Sent: Friday 27 November 2009 12:14 To: talks-uk@xxxxxxxxxxxxx Subject: [talks-uk] Re: to the moderatorConfusing? You can say that again. What's the £50 cross-phone upgrade for then? I'm a bit confuzzled now! (smile).
Jackie Cairns Braille Specialist Email: jackie.cairns@xxxxxxxxxxxxxxxxxxx Sight and Sound Technology Ltd Welton House North Wing Summerhouse Road Moulton Park Northampton NN3 6WD Tel: 01604 798024 Mob: 07887 883815 www.sightandsound.co.uk -----Original Message-----From: talks-uk-bounce@xxxxxxxxxxxxx [mailto:talks-uk-bounce@xxxxxxxxxxxxx] On Behalf Of Barbara Wilson
Sent: 27 November 2009 12:08 To: talks-uk@xxxxxxxxxxxxx Subject: [talks-uk] Re: to the moderator SaqibTo avoid any confusion you probably should do the upgrade before selling the phone. You can only sell your phone, not TALKS. But of course many people leave TALKS on the phone to get a higher price. The person who buys the phone never owns the TALKS as it is tied to you as well as to the phone. You own your upgrade allowance and can not sell it or no one should use it.
It's all confusing I know. Find me on Twitter http://www.twitter.com/barkingbabs Barbara Wilson M: 07917710779 T: 02887784046 E: barkingbabs@xxxxxxxxxxxxxxx IM: creativeeyes@xxxxxxxxxxxxx Skype: creativeeyes----- Original Message ----- From: Saqib <mailto:Saqib500@xxxxxxxxxxx>
To: talks-uk@xxxxxxxxxxxxx Sent: Friday, November 27, 2009 11:23 AM Subject: [talks-uk] Re: to the moderatorHi can someone clarify the whole situation. If I wanted to sell my phone which has my license of Talks on it do I need to tell the buyer that they can't upgrade the license because of my desire to do a license transfer to another phone.
From: Adrian <mailto:adrian@xxxxxxxxxxxxxxxx> Sent: Thursday, November 26, 2009 10:19 PM To: talks-uk@xxxxxxxxxxxxx Subject: [talks-uk] Re: to the moderatorSeems to me if bridie was selling her phone and not the licence for talks she should of removed the licence before parting with the phone. Not at all unreasonable of someone receiving a phone with a licenced software package installed to assume that such software is part of the sales package. A definite case of the seller trying to pass the buck when they have been proven at best lazy and at worst neglegent.
Adrian Higginbotham E: Adrian@xxxxxxxxxxxxxxxx Twitter: @AHiggiFrom: talks-uk-bounce@xxxxxxxxxxxxx [mailto:talks-uk-bounce@xxxxxxxxxxxxx] On Behalf Of Barry Hughes
Sent: 24 November 2009 20:13 To: talks-uk@xxxxxxxxxxxxx Subject: [talks-uk] to the moderator To The ModeratorFind below an email that was posted but didn’t make it to the list from Bridie who is the person I referred to in my posts.
When she was wrongly made to pay £150 because her licence had been taken over without her or nuance’s permission, she was totally dumbfounded and had no option but to pay to carry on using talks on her new phone.
I think Bridie has explained the matter quite plainly in her email.To be fair I feel that as Barbara Wilson requests that any other contact be to her personally I feel that it will be swept under the carpet and that is why perhaps Bridie's email should have been posted to at least allow other people to form their own opinion on the Licence Agreement.
Barry --- On Tue, 24/11/09, Bridie <bridgetlittler@xxxxxxxxxxxxxxxx> wrote: From: Bridie <bridgetlittler@xxxxxxxxxxxxxxxx> Subject: Fw: Re Barry Hughes To: "Barry Hughes" <barry.hughes17@xxxxxxxxxxx> Date: Tuesday, 24 November, 2009, 8:16Barabara regarding the emails from Barry Hughes I am the person he is referring to. I sold you a Nokia e50 which was imediately upgraded without either mine or Nuances permission. When I needed to upgrade on my licence it then came to light that it had been hijacked from that Phone leaving me having to pay the full Licence amount of £150. After months of hassle and me finally threatning Legal Action this matter has recently been resolved throuhg Computer room services and I have been refunded the £100 with Nuances permission.
Perhaps this situation would and should not have occurred if people adhered to the Licence Agreement.
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