Removing software and selling on - a licensing question

JennyP

We bought Office 2007 Professional Edition with 2 user license and loaded it on one of our machines. We registered it.
We didn't like it as Excel 2007 wasn't compatible with some of the professional software we use alongside it so we've bought 2003 and are reverting to that.
Can we sell on Office 2007? We've removed it from our machine and have all the packaging etc.? We only ever put it on 1 machine despite having a 2 user license. Is there anything we can do to "de-register" if such a thing exists?
Thanks!

Conor_3

If it is an OEM version, legally that's a no. You cannot de-register it but the new user can activate it over the phone if internet activation falls over.

ABH_3

Of course you can sell it on, despite the propaganda that Microsoft would have you believe. This is the UK, not the USA their restrictions don't exist over here. You buy something, it's yours, stick it on ebay with a picture (blot out the license key information) and sell it. Be sure to mention that it's a 2 user license and you should get more for it.

Alternative, you could sell it through the usenet group: http://groups.google.co.uk/group/uk.adverts.computer

HTH

Conor_3

And on uk.adverts.computer, you'll be told exactly the same - it's illegal to sell OEM software off a PC as you are breaking the licence terms. And yes, the restrictions DO apply over here as the BSA and FAST have brought successful prosecutions in the UK for companies reselling OEM software such as that place in Leeds who used to resell second hand PCs and would sell the CoAs seperately.

When you buy it, you buy the right to use it, not own it. Your rights to what you can do with it are only within the bounds of the licence agreement. In effect it's a contract between you and MS.

mustrum_ridcully

To quote to DTi "The Unfair Terms in Consumer Contracts Regulations 1999 (SI 1999 No 2083) provide that a term which has not been individually negotiated in a consumer contract is unfair (and hence non-binding on the consumer) if, contrary to the requirement of good faith, it causes a significant imbalance in the rights and obligations of the parties to the detriment of the consumer."

Negotiated in consumer contract means agreed to prior to sale, MS EULA agreement occurs after sale...

OK NO ONE has had the guts to test this in court yet, or maybe like the bank overdraft charges it needs the OFT to say this ain't legal.

Now OEM software, I suspect that the computer builders (OEM's) know the terms of the contract prior to being able purchase and 'sell-on' the software (like it must be sold with hardware). Often places that sell OEM software to the public will say that it must be bought together with an item of hardware. Once something has be sold to the public it can get interesting from a legal point of view depending on if people were told about resale restrictions or not prior to money changing hands.

Millionaire

JennyP wrote: »

We bought Office 2007 Professional Edition with 2 user license and loaded it on one of our machines. We registered it.
We didn't like it as Excel 2007 wasn't compatible with some of the professional software we use alongside it so we've bought 2003 and are reverting to that.
Can we sell on Office 2007? We've removed it from our machine and have all the packaging etc.? We only ever put it on 1 machine despite having a 2 user license. Is there anything we can do to "de-register" if such a thing exists?
Thanks!

I sold me Office 2007 on ebay.

Just mentioned that it was a 3 licence version and that i had used 1 license but it has now been removed and that it has 2 remaining licenses.

Got a decent price for it.

robt_2

Conor wrote: »

And on uk.adverts.computer, you'll be told exactly the same - it's illegal to sell OEM software off a PC as you are breaking the licence terms. And yes, the restrictions DO apply over here as the BSA and FAST have brought successful prosecutions in the UK for companies reselling OEM software such as that place in Leeds who used to resell second hand PCs and would sell the CoAs seperately.

When you buy it, you buy the right to use it, not own it. Your rights to what you can do with it are only within the bounds of the licence agreement. In effect it's a contract between you and MS.

Who has said its an OEM version? Sounds like a retail version to me?

Millionaire

robt wrote: »

Who has said its an OEM version? Sounds like a retail version to me?

I think they are just bored, thus decided it is a OEM version so that they can discuss something. must be a slow day:D

JennyP

Thanks for your advice.
It isn't OEM at all. It's the full retail version. So - I gather from your posts - it's fine to sell.
On a similar note, we wanted to go back to Office 2003 and bought what was advertised as the full Microsoft, fully licensed version on Ebay. That turned out to be OEM. It was advertised with a photo of the retail box but when it arrived, it was just two discs in paper envelopes with "Not for resale" clearly stamped on them.
The seller refused to give me an amicable refund and we have made a complaint through Paypal. I did also inform Trading Standards and Microsoft but no-one was interested - so it's interesting that you all say that OEM software can't be sold on. Clearly Microsoft aren't bothered that someone is selling it on. Moreover, this guy claims that he is a software dealer so we imagine he must work in a computer shop and is nicking the OEM software to sell on ebay on the side.
Do you reckon that I'll get my money back through Paypal? It is taking them an age to decide....

ABH_3

JennyP wrote: »

Thanks for your advice.
It isn't OEM at all. It's the full retail version. So - I gather from your posts - it's fine to sell.

Yes.

On a similar note, we wanted to go back to Office 2003 and bought what was advertised as the full Microsoft, fully licensed version on Ebay. That turned out to be OEM. It was advertised with a photo of the retail box but when it arrived, it was just two discs in paper envelopes with "Not for resale" clearly stamped on them.
The seller refused to give me an amicable refund and we have made a complaint through Paypal. I did also inform Trading Standards and Microsoft but no-one was interested - so it's interesting that you all say that OEM software can't be sold on.

It can be sold on and has value. Though it is supposed to be accompanied by some hardware. Trading Standards will contact you in a month or so and ask how things have gone for you since you registered your complaint, this assumes you left your contact details. Then assuming you got a refund or some form of settlement, they will claim it as a success for them in their yearly reports.

Clearly Microsoft aren't bothered that someone is selling it on.

Microsoft are only really bothered if it's a relatively large or bigger company involved, as they tend not to want to alienate their customers. Who purchase their premium products. There's also the sticky situation as I said earlier of this not being the USA, but the UK\EU being a little more generous than the US in terms of licensing, restrictions etc.

Moreover, this guy claims that he is a software dealer so we imagine he must work in a computer shop and is nicking the OEM software to sell on ebay on the side.

Anything is possible. Though they get a discount the more copies of OEM software they purchase from MS so it's not unheard of for people to sell an item of 'hardware' with a copy of an OEM software. Iirc dabs, ebuyer and others used to do this quite frequently and probably still do.

Do you reckon that I'll get my money back through Paypal? It is taking them an age to decide....

You should do, you're obviously not happy that the vendor missold you a product that doesn't match your requirements, but then paypal has a tendancy to work its rules to its own benefit. Good luck with your claim however.

HTH