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By BazzaWNZ
#301935
Hi Everyone

Scenario: I am wanting to purchase a AC21 licence on the national buy, sell & swap site (Trademe). Central Innovation who are the local reseller here in NZ have stated that this is not possible as they will not allow me to upgrade the licence to the latest version (AC22) and change the licence into my name. Interestingly, they allowed me to do this almost a year ago without any questions asked. The reason/excuse now for not allowing this transaction is that their lawyers have stated that reselling licences breaches the ArchiCAD End User Licence Agreement.

The EULA states the following:
A: Commercial Mode
* Unless You make your own copy of the Software totally unusable, You may not sell, loan, distribute, cede,
sublicense, rent or lease or otherwise transfer or assign the right to use the Software, nor transfer or provide access to it by network for commercial use, either in whole or in part. You hereby accept that in case of any type of transfer of the Software by You, this Agreement automatically ceases to exist on the effective date of the transfer and You shall lose all rights arising from this Agreement.
* In case of a resold license, You, i.e. the purchaser of the resold Software, shall be required to re-register the Software with GRAPHISOFT's appointed local partners, pay the applicable fees and enter into the applicable Software Support Agreement in order to be entitled to any updates, upgrades, support, etc.


From what I can see it states that if the software is made unusable (I assume unusable by the seller) and that applicable fees are paid and a new agreement signed by the new owner of the licence, then this is allowable under the GS EULA and the reseller (Central Innovation) have no say in the matter? Frustratingly we cant contact Graphisoft direct as all correspondence is re-routed through the reseller.

I would be interested to know what others have encountered in these circumstances. Is our Reseller is being difficult, trying to over-ride the EULA, by not allowing the reselling of licences? More importantly, my company has treated the licences we have as 'assets' in the assurance that some day the licences could be on-sold to recoup the initial purchase costs. Does this mean the licences will need to be completely written off and treated as a 'loss'?

I have also heard that Vectorworks who is owned by Nemetschek, the parent company of Graphisoft, DOES allow the resale of VW licences without any questions asked.

Thanks

Bazza
AC22 6021
Win 10 Pro 1903
i7 9800X Octacore 4GHz
64Gb Ram
P4000 8GB Quadro