Technically only the sending party can violate the EULA. The receiving party has no agreement with the vendor so there is nothing to violate. The vendor could, however, make a copyright claim but only if the content is put to use.
Totally agree that you can borrow a copy to restore your legally licensed original. What you cannot do is borrow and restore a copy where no such license exists.
Michael Barry
Aspacia Systems Inc
866.566.9600
312.803.0730 fax
http://www.aspacia.com/
Totally agree that you can borrow a copy to restore your legally licensed original. What you cannot do is borrow and restore a copy where no such license exists.
Michael Barry
Aspacia Systems Inc
866.566.9600
312.803.0730 fax
http://www.aspacia.com/
On Aug 18, 2011, at 10:31 AM, to.crds wrote:
> When you "purchase" software, the media it is on belongs to you, while content remains property of the SW company. You only get a license (as described in the EULA) to use the content.
>
> If I give or even sell someone a CD for AutoCAD (and it's not installed or in use on any of my systems), and they decide to use it as a coaster or make a craft project out of it, then there has been no violation of the EULA. Only the receiving party can violate the EULA.
>
> But back to the main point...
>
> Why can't you get a copy from the S/W company? If they've gone out of business or no longer support that product, than I see no harm "borrowing" a copy to restore your legally licensed original.
>
> --- In vantage@yahoogroups.com, Michael Barry <mbarry@...> wrote:
> >
> > I can't speak for your reading of EULAS. I personally have never seen one that says our physical software is worthless so distribute it at will. However other EULAS read, the following is from Epicor's:
> >
> > END USER LICENSE AGREEMENT
> >
> > 1. DEFINITIONS
> >
> > In this Agreement, the words "you," "your," and "Customer" mean the person or entity named on the signature page of this Agreement as the Customer, and includes any authorized subcontractor, agent or consultant acting on its behalf. The words "we," "us," "our," and "Epicor" each mean Epicor Software Corporation. The term "Software" means all software products (including Product Updates) obtained from Epicor as denoted on an Order or otherwise and the related Documentation. The term "Documentation" means product user guides, installation guides, manuals and release notes. "Order" means Epicor's standard form for ordering software product licenses. "Product Update" means any update, patch, new release and/or new version of a licensed Software product.
> >
> > 2. GRANT; USE
> >
> > (a) Subject to the terms of this Agreement, we grant you a perpetual, non-exclusive license to use the Software in object code form solely for you and your subsidiaries' and affiliates' internal business purposes. Upon complete payment of the applicable Software license fees, the license shall be considered royalty-free. You are responsible for the acts and omission of your subsidiaries, affiliates, subcontractors, agents and consultants with respect to their use of the Software and this Agreement, and all such acts or omissions shall be deemed acts or omissions on your part.
> >
> > 3. OWNERSHIP; REVERSE ENGINEERING; RESTRICTIONS
> >
> > (a) This Software is licensed, not sold, to you. Epicor and its licensors retain all title and ownership to the Software. Epicor and its licensors reserve all rights in the patents, copyrights, trade secrets and other intellectual property in the Software. You may make a reasonable number of copies of the Software for archival purposes. You may not use the Software to provide time sharing services or operate a services bureau for third parties.
> >
> > (f) You agree not to reverse engineer, modify, decrypt, extract, disassemble, copy, or decompile the Software, or permit anyone else to, except as required by applicable local law or to reproduce machine-readable object code portions for backup purposes.
> >
> >
> > Section 3 (f) makes it very clear that the licensee agrees not to copy the software and section 1 stipulates that Software means ALL of the software.
> >
> > Michael Barry
> > Aspacia Systems Inc
> > 866.566.9600
> > 312.803.0730 fax
> > http://www.aspacia.com/
> >
> >
> > On Aug 17, 2011, at 4:16 PM, Ned wrote:
> >
> > > According to every EULA I have ever read, and there are a lot of them, I am
> > > not asking anyone to violate any EULA they have.
> > >
> > > The physical software installation files themselves are worthless without
> > > the proper serial numbers and codes to use it, I am not asking anyone for
> > > that information. I have that information, I only need the physical files
> > > required for the installation.
> > >
> > > This is the same as distributing any software disc(example: a cd copy of MS
> > > Windows), which is perfectly legal as long as the codes/license/serial
> > > numbers to go along with it in order to activate and use the software are
> > > not also provided with the installation files, nor have the files been
> > > altered in any way to get around the use of those codes/serial
> > > numbers/licenses.
> > >
> > > -----Original Message-----
> > > From: vantage@yahoogroups.com [mailto:vantage@yahoogroups.com] On Behalf Of
> > > Michael Barry
> > > Sent: Wednesday, August 17, 2011 6:59 PM
> > > To: vantage@yahoogroups.com
> > > Subject: Re: [Vantage] Re: Upgrade to 9.05
> > >
> > > One might give pause to consider both the wisdom and the ethics of utilizing
> > > a public forum to solicit someone to violate their company's software
> > > license agreement.
> > >
> > > Michael Barry
> > > Aspacia Systems Inc
> > > 866.566.9600
> > > 312.803.0730 fax
> > > http://www.aspacia.com/
> > >
> > > On Aug 17, 2011, at 8:10 AM, Ned wrote:
> > >
> > > > On a side note, I am looking for a copy of CDs for 6.10, and if anyone
> > > > has them and can either make them downloadable or be willing to upload
> > > > them for me to my FTP, that would be great, feel free to contact me
> > > > off list if you would be able to do this for me.
> > > >
> > > > Ned
> > >
> > > [Non-text portions of this message have been removed]
> > >
> > > ------------------------------------
> > >
> > > Useful links for the Yahoo!Groups Vantage Board are: ( Note: You must have
> > > already linked your email address to a yahoo id to enable access. )
> > > (1) To access the Files Section of our Yahoo!Group for Report Builder and
> > > Crystal Reports and other 'goodies', please goto:
> > > http://groups.yahoo.com/group/vantage/files/.
> > > (2) To search through old msg's goto:
> > > http://groups.yahoo.com/group/vantage/messages
> > > (3) To view links to Vendors that provide Vantage services goto:
> > > http://groups.yahoo.com/group/vantage/linksYahoo! Groups Links
> > >
> > >
> >
> >
> >
> > [Non-text portions of this message have been removed]
> >
>
>
[Non-text portions of this message have been removed]