I have a legal question related to transferring a license.
If someone has a computer with an installed, genuine, licensed release of Windows XP and they give the computer and all its original CD's to someone else and keep no copies of Windows XP, but make a mistake and fail to ask the recipient if they agree to all the Windows XP EULA terms* is the license to use Windows XP on the computer: 1. Legally retained by the original owner; 2. Successfully and legally transfered to the new owner; or 3. Legally terminated for the original owner and unavailable for legal use by the recipient?
Thanks for your help.
* From the Software PRODUCT LICENSE included in the EULA in c:\WINDOWS\system32\eula.txt of the computer:
"1.2 SOFTWARE as a Component of the COMPUTER -
Transfer. This license may not be shared,
transferred to or used concurrently on
different computers. The SOFTWARE is licensed
with the COMPUTER as a single integrated
product and may only be used with the
COMPUTER. If the SOFTWARE is not accompanied
by HARDWARE, you may not use the SOFTWARE.
You may permanently transfer all of your
rights under this EULA only as part of a
permanent sale or transfer of the COMPUTER,
provided you retain no copies of the SOFTWARE.
This transfer must include the Certificate of
Authenticity label. The transfer may not be
an indirect transfer, such as a consignment.
Prior to the transfer, the end user receiving
the Software must agree to all the EULA terms."
It is my understanding that Microsoft does not permit employees working the forums to offer legal opinions, interpretations of licensing terms, etc., so no one from Microsoft will be able to answer your question.
Non employee "helpers" like me can offer an opinion, but who the heck cares about my opinion :-) I'd say technically choice #3 but in all practicality choice #2.
Here's the link to the MS Legal Dept's web page http://www.microsoft.com/About/Legal/EN/US/Default.aspx You may find your answer or at least contact info to which you can direct the question in the second section "Intellectual Property."
- 回答としてマーク Carey FrischMVP, Moderator 2010年12月1日 8:24
Thanks so much for your help.
Best regards :-)