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Conference 7.286::digital

Title:The Digital way of working
Moderator:QUARK::LIONELON
Created:Fri Feb 14 1986
Last Modified:Fri Jun 06 1997
Last Successful Update:Fri Jun 06 1997
Number of topics:5321
Total number of notes:139771

2529.0. "Making a donation to Digital -- will I get canned?" by BOOKS::HAMILTON (All models are false; some are useful - Dr. G. Box) Wed Jun 09 1993 11:06

Can any of you legal beagles (or PP&P experts) answer a question for me?

I have just upgraded some software (Visual Basic) on my PC.  Since Digital 
seems to be in such dire straits for BTS software, I was thinking of donating
my now down rev version to the departmental personal computer.  It
is registered to me, but since it will no longer be running on my
machine, can I install it on the machine at work so my peers can
have access to it? 

I want very much not to get fired for this, so please answer with a
reference to a relevant policy, or alternatively, pass along the name 
of a person with the authority to make such a decision.

Thanks,

Glenn


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2529.1RANGER::BACKSTROMbwk,pjp;SwTools;pg2;lines23-24Wed Jun 09 1993 11:5813
Ask Microsoft for sure (or at least for their position/view; I don't know if 
it is legally enforceable)...

The standard practice in the PC sw world appears to be that if you upgrade, 
the old version cannot be resold or even given away. The principal idea (at
least from the sw vendor's point) is that they don't sell the software, they
license it, and when you upgrade you don't end up with two licenses but one
that allows you to run the newer piece.

See topic 1795 in RANGER::IBMPC-93 for the "Greate Shrinkwrap Software
Licensing Debate" ;-)

...petri
2529.2An opinion....AKOCOA::MONTEMERLOWed Jun 09 1993 12:0917
    I am not a legal beagle....but
    
    The question you are asking really depends on the Terms and Conditions
    state in your BTS License Agreement. But based on some assumptions:
    
    * If you upgraded an old revision of the application you were using
      then the new license superceeds the old and you should not use or
      give away the older version.
    
    * If the License is similar to Microsoft's License Agreement
      you may transfer rights (All disks & documentation) to another
      party. Only one license is required for multiple users IF noone
      can use the application concurrently.
    
    Assuming you are in compliance with the license agreement and do not
    pass on any virus I don't believe you have to worry about being canned.
    
2529.3are we non-profit, or just unprofitable?XLIB::SCHAFERMark Schafer, ISV Tech. SupportWed Jun 09 1993 15:3710
I practical terms, it may be too much trouble for you to donate anything to
Digital.  If your group has an 'audit', then they will try to list the
packages on each PC and match them up to purchase orders.  Your donated
software will not match up, and you will be asked to reconcile it.  A memo
from Microsoft to you giving you permission would be nice, but I doubt that
you'll get one.

On the other hand, I doubt that you would get 'canned'...

Mark