Resale question

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Feb 18, 2008
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Not exactly a technical one but perhaps someone can enlighten me on the legalities of reselling a computer software programme I no longer use.
I have Capture NX and Capture NX2 upgrade both in pristine condition, in fact exactly as they were delivered. The discs are still in their cellophane wrappers.
I downloaded the programme directly from Nikon's website and used the codes on the discs to register the ownership in my name.
As I no longer use the programme can I
a) unregister and sell the software
b)Leave the programme in my name and sell the software as I am sure you can download it to more than one computer legally

As it retails in the UK for around £130 it's rather a lot to have lying idle.
Thanks in anticipation for your help.
 
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That was quick Morty, very much appreciated. I have no problem deleting the programme from my computer whatsoever, it is a genuine case of no longer needing it because, he said blushing ever so slightly, I went over to Canon 18 months ago as I just couldn't run with two systems at once.
 
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You could well be right Richard,no harm in trying to sell though. I don't think I need to unregister as such, whoever has the disc can simply load it on their computer and get the latest updates anyway. I guess it doesn't matter whose name it's actually in.
I think it's a sound move getting the hard disc copy of these programmes when you buy them for situations just like this. In the future it appears that they will only be available to download so if you no longer need or use that programme that's your money gone.
I can understand that the manufacturers want to protect their intellectual rights etc etc but
I'm not sure if that's fair or not ! The cost of them isn't exactly small change like a music CD or book
cheers Dave
 
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If Nikon strictly adheres to its own EULA that is by monitoring systems where its software is installed there could be problems for anyone other than you the registered user resulting in the software being made unusable and not possible to upgrade. I cannot find any information about being able to transfer rights only the fact that you cannot sell on your version or rather your product key as that is pretty much all you own. No idea if this is the case but it could put buyers off.

Have a look at your EULA which may read something like this:
Product Key
[FONT=&quot]a) the PRODUCT KEY shall not be entered into any software other than the SOFTWARE installed on up [/FONT]
[FONT=&quot]to two (2) of your own computers;[/FONT]
[FONT=&quot]b) the PRODUCT KEY shall be used only for the purpose of using the SOFTWARE;[/FONT]
[FONT=&quot]c) the PRODUCT KEY shall not be disclosed, rented, leased, lent or transferred to any third party.[/FONT]

[FONT=&quot]3. RESTRICTIONS[/FONT]
[FONT=&quot]Except as otherwise stated in this Agreement, you may not make or distribute copies of the SOFTWARE [/FONT]
[FONT=&quot]to others or electronically transfer the SOFTWARE from one computer to another over a network. The [/FONT]
[FONT=&quot]SOFTWARE contains trade secrets, and in order to protect them, you may not decompile, reverse [/FONT]
[FONT=&quot]engineer, disassemble or otherwise reduce the SOFTWARE to a human-perceivable form, except as may [/FONT]
[FONT=&quot]be permitted by law. YOU MAY NOT ALTER OR REMOVE ANY COPYRIGHT, TRADEMARK OR OTHER [/FONT]
[FONT=&quot]PROTECTIVE NOTICES CONTAINED IN THE SOFTWARE. YOU MAY NOT ASSIGN OR OTHERWISE [/FONT]
[FONT=&quot]DISPOSE OF, MODIFY, ADAPT, TRANSLATE, RENT, LEASE, LOAN, RESELL, DISTRIBUTE, NETWORK, OR [/FONT]
[FONT=&quot]CREATE OR HAVE CREATED DERIVATIVE WORKS BASED UPON THE SOFTWARE OR ANY PART [/FONT]
[FONT=&quot]THEREOF[/FONT]

[FONT=&quot]Term[/FONT]

The license for the TRIAL SOFTWARE is effective for sixty (60) days from the date of installation. The
license for the FULL SOFTWARE is effective until terminated. The license to the SOFTWARE will
terminate automatically without notice from Nikon if you fail to comply with any provisions of this
license. The license to the SOFTWARE will also terminate automatically when you enter PRODUCT KEY
for upgrade, which is the software for owner of PRODUCT KEY for the FULL SOFTWARE, into your own
computer on which the SOFTWARE is installed. Upon termination, you must destroy the SOFTWARE and
all copies thereof immediately. You may terminate this license at any time by destroying the SOFTWARE
and all copies thereof.

 
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Interesting statement Tony. I assume that's issued by non European Nikon, I bought mine from the UK and have receipts to prove it. They would be in breach of the EU ruling if they tried stopping me from selling it.
Interesting Nikon are giving a copy free with the D800, there again, so they should when you look at the RSP. My Canon 5d and 1D both came with a far superior free processing package than Nikon have provided in the past.
 
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No expertise in the law and EU rulings so just a laymans thoughts on this.

The agreement is a UK version you can view Here and it does state
"This Agreement is governed by and shall be construed in accordance with the laws of England and Wales"

They cannot stop you selling it but they can potentially stop the new owner from using it with your product key and certainly can stop upgrades if they so wish. Remember you do not actually own the software you have only bought a licence to use under the conditions stated in the EULA. Another user would need to also purchase a licence if I understand the situation correctly.
The SOFTWARE is protected by Japanese copyright law and international copyright laws and treaties.

How this stands up against the EU laws I have no idea and what action Nikon would take (if any!) is anyones guess. In the event that you did sell the software and the new owner had issues would you be prepared to refund or perhaps fight Nikon under EU law?
 
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In the event that you did sell the software and the new owner had issues would you be prepared to refund or perhaps fight Nikon under EU law?
[/FONT]
a) Yes
b) No !!!!

I might decide to simply give it away. The cost new is as previously stated £130+. Too much to simply waste, I would prefer someone to have the benefit.
It's only ever been registered to 1 computer....now there's a thought. What if someone theoretically sold me their computer can I sell it back with the programme loaded for the same price ?:smile:
 
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I was just playing what ifs here :smile: In all probablility I am guessing that Nikon would do nothing in the event of seeing a a second registration as you are allowed two machines to use but AFAIK not at the same time - in fact I would further guess that the issues may only come to light if you or your buyer were trying to update when the registration had been used twice already. But these are only guesses :wink:

Software usage rules are sometimes hard to fathom. I good few years ago I wanted a particular calibration software package and being unable to find it on the mnfctr. website in the UK I looked at the USA site, found it and tried to order it only to be informed that it was not available for use in the UK. So I contacted the agent in the UK and asked to buy this particular app. and was informed I could not and should use another similar product. Explaining that I did not want the UK version due to needing absolute compatibility with others in the USA and elsewhere I was informed that I still could not buy or use in the UK. Now being in a bloody minded frame I got a colleague in the USA to buy it for me (surprise surprise considerably less cost than similar in the UK!) and post it. I am still using it today although of course I could not register it and cannot update it - I knew this when I bought it and also the fact that it would not matter.

I suspect that this also breaks some EU or other regs but never pursued it as in my opinion not worth the hassle.

Whatever you decide I wish you luck
 
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When I transferred to a new computer I made sure that I removed the software from the old one first. I have done 3 computer moves since I have been using NX. However I do use the same registration name. I think that you need to be connected to internet when you do this also use the uninstall from the nikon capture nx folder in the programs folder (windows).
 
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