Reselling XenForo License?

[mcmar]

Hi, i am thinking to buy a Used XenForo License from my mate. Is this allowed?

#1. Let's say i am buying a license from a guy i know, it's already been resold twice? Allowed or not?
#2. I buy a license from a guy that have never resold hes license.

 

[Slavik]

Hi, i am thinking to buy a Used XenForo License from my mate. Is this allowed?

#1. Let's say i am buying a license from a guy i know, it's already been resold twice? Allowed or not?
#2. I buy a license from a guy that have never resold hes license.

Licenses are eligible to be transferred 120 days after the purchase, must be active and not have been transferred previously.

Therefore: #1: Would not be eligible.
#2 would be eligible as long as the license is active.

 

[mcmar]

Licenses are eligible to be transferred 120 days after the purchase, must be active and not have been transferred previously.

Therefore: #1: Would not be eligible.
#2 would be eligible as long as the license is active.

Thank you for confirming my questions. I was about to get scammed ;-)

 

[Russ]

Thank you for confirming my questions. I was about to get scammed ;-)

Consider too... it could be worth the extra money to buy a full license for the sheer fact you can resell it later yourself and make some of the money back, with these second hand license's you're stuck.

 

[mcmar]

Consider too... it could be worth the extra money to buy a full license for the sheer fact you can resell it later yourself and make some of the money back, with these second hand license's you're stuck.

I don't have $140... I got $80. Altso mailed for support earlier, but never recived answer.

 

[AlexT]

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[Jake Bunce]

http://xenforo.com/license-agreement/

The Software may be permanently transferred by the original purchaser to a third party ("Subsequent Licensee") not before 120 days following purchase, provided that the expiry date of the License falls after the date of the transfer. The original licensee may not retain a copy or installation of the Software. The Subsequent Licensee must agree to the terms of this Agreement and waive the right to transfer.

 

[AlexT]

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[Jake Bunce]

why 120 days? And would this be lawful given the recent EU ruling?

Probably to reduce the occurrence of chargebacks after a transfer.

I don't know about that new EU law.

 

[AlexT]

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[Slavik]

It's not new EU law. It is just a clarification after Oracle was opposing the resale of Oracle licenses.

Disclaimer: I will verify this so do not take it as fact for the time being.

The ruling was a very specific one on software that was provided for unlimited use. However your XenForo license is a limited use license, and so does not fall under this ruling.

 

[AlexT]

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[Slavik]

Slavik, that is not at all what the ruling is about.

The ruling refers to a "licence agreement granting the customer the right to use that copy for an unlimited period" (emphasis mine). It has nothing to do with unlimited use, as you say. Because the license agreement grants me to use a copy of XF for an unlimited period, XenForo Ltd. has sold the copy to me, the customer, and thus exhausted their exclusive distribution right. The ruling goes even further: Such a transaction involves a transfer of the right of ownership of the copy. Therefore, even if the licence prohibits a further transfer, the rightholder can no longer oppose the resale of that copy.

Please be so kind and verify, because I am also interested in the reselling of XF licenses. Thanks.

Again this is not official, but is probably accurate:

It may very well be simply that we cannot oppose the sale of the software, however it does not stipulate we have to support it, meaning even if you sold the license, we do not have to do a customer to customer transfer so the license would forever be in your name, something I imagine most people would not be happy about. In addition support and updates are granted on a yearly basis, so it would render any license sold beyond the 1 approved transfer inelligible for updates.

However it may just be that we alter the Xenforo license agreement to stipulate a time limit on the validity period of a license.

For all intents and purposes, at this moment in time you should consider we will only continue to support 1 official XenForo approved transfer from customer to customer.

 

[Slavik]

Here is a good section explaining the updates part.

Point of View (POV): The clarifications on the resale of the copy of software have huge ramifications. Based on the ruling, “the distribution right extends to the copy of the computer program sold as corrected and updated by the copyright holder”. Users basically have rights to all updates at the time of the sale and this latest version can be sold to the secondary market. Users who fail to download updates have rights to resell those alterations to the next customer. The subsequent customer would not have such rights.

 

[Slavik]

This section may apply to the 1 years access up updates and support.

As the license you purchase comes with limited support and updates (1 year) and you are not allowed to divide parts of the license up (granted the difference is between "number of users") however the key point I think would be your XenForo license does not only grant you access to the software, it includes updates and support on a limited basis. It may be a loophole that as your license has to be linked to a XenForo customer account providing these services that this causes the sale of only part of the license to nullify the requirement to sell it.

• Software licenses can not be divided in the resale and be reused. The ruling clarifies ownership provisions upon reselling. “If the license acquired by the first acquirer relates to a greater number of users than he needs, that acquires is not authorised by the effect of the exhaustion of the distribution right to divide the license and resell only part of it”. “An original acquirer of a tangible or intangible copy of a computer program for which the copyright holder’s right of distribution is exhausted must make the copy downloaded onto his own computer at the time of resale”
  
  Point of View (POV): The court wisely upholds copyright law by requiring the seller to remove the property from their possession prior to resell. However, the inability to divide licenses means that users will have to be careful about the number of licenses they purchase upfront or purchase with separate contracts to allow for the resell of licenses in the future.

 

[Brett Peters]

As it stands I am now confused reading this thread, Dont suppose we can stop the back and forth guessing and have the Business Guy formally answer this in due time ?

 

[Jake Bunce]

As it stands I am now confused reading this thread, Dont suppose we can stop the back and forth guessing and have the Business Guy formally answer this in due time ?

Good idea.

I will ask him to respond to this thread.

 

[AlexT]

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[Ashley]

The starting point for XenForo is for a clear and simple process, which is what we have in place. We intend to keep the existing process as this would be simpler than changing the licensing to a more (unsatisfactory, in my view) lease like arrangement or introducing transfer fee, something we have tried to avoid.

 

[AlexT]

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