Quote:
Originally Posted by Elfwreck
If they treat it like a sale, it's a sale, regardless of what they call it. They can call it a "license," but if there's no return date/conditions, it's a sale. (I expect you know this, but other people might not.)
Licenses are limited-time contracts, either for a set period of time, or until a set condition occurs. ("When the Boston store opens, the trucks must be returned to us" or "you may use our software until our website starts taking subscriptions, at which point you'll need a reg code to continue.")
If there's no return condition, it's a sale, not a license. And that means the purchaser is free to resell it or give it away; sales can't include restrictions on use or ownership transfers.
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Don't overlook the fact that they might be selling the license. And a license doesn't need a 'return' condition unless you consider "when the license ends you must delete the file" to be a 'return'. (And I'm not sure they even insist on you deleting it-with other software they typical requirement is that you 'stop using' it.)
You're right that selling the license gives you the right to transfer/resell it yourself, but if one of the terms that ends the license is the transfer of it, then who's going to buy it from you?