Trados Studio 2009 license, transferable or not? Thread poster: Selcuk Akyuz
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Selcuk Akyuz 
Türkiye
Local time: 18:18
English to Turkish
+ ...
There are some posts at ProZ.com exchange where people sell their CAT tools.
I know that both MemoQ and Déjà Vu X licenses are transferable and therefore they are good investments when you plan to retire
However, it is not clear if one can transfer a Trados Studio 2009 license.
There are some posts at ProZ.com exchange where people sell their CAT tools.
I know that both MemoQ and Déjà Vu X licenses are transferable and therefore they are good investments when you plan to retire
However, it is not clear if one can transfer a Trados Studio 2009 license.
1. Installation and Use Rights
In consideration of you agreeing to abide by these terms and for payment in full of the license fee, SDL grants to you with effect from the date of installation by you of the software a non-exclusive, non-transferable license to use the software on these terms.
9. Assignment
You may assign all (but not part only) of your rights and obligations under this agreement to your owner or successor in business by giving notice in writing to SDL. In no other way may this agreement nor any rights under this agreement be assigned or otherwise transferred by you, without the prior written consent of SDL, which consent shall not be unreasonably withheld. This agreement is binding upon you and any of your successors and permitted assignees.
So, is it transferable or not?? Well, and in case it is not transferable, what about a "Transfer Amnesty" campaign, better than the previous "Upgrade Amnesty" methinks.
[Edited at 2011-08-13 01:11 GMT] ▲ Collapse
| | | | | Not transferable | Aug 13, 2011 |
Hi Selcuk,
I'm no lawyer, so can only comment on what you have written in terms of what these two clauses are intended for.
The first one, installation and use rights, is all about what you are allowed to do with the software you have purchased.
The second one, assignment, is about what happens to the software if your business becomes something else as a result of a merger, takeover or something like that.
They are different and not contradicto... See more Hi Selcuk,
I'm no lawyer, so can only comment on what you have written in terms of what these two clauses are intended for.
The first one, installation and use rights, is all about what you are allowed to do with the software you have purchased.
The second one, assignment, is about what happens to the software if your business becomes something else as a result of a merger, takeover or something like that.
They are different and not contradictory. You are not allowed to transfer the license to another unless assignment, as defined in the agreement, applies.
Regards
Paul ▲ Collapse
| | | | | Local law... Pro version... | Aug 15, 2011 |
SDL Support wrote:
I'm no lawyer, so can only comment on what you have written in terms of what these two clauses are intended for.
The first one, installation and use rights, is all about what you are allowed to do with the software you have purchased.
The second one, assignment, is about what happens to the software if your business becomes something else as a result of a merger, takeover or something like that.
They are different and not contradictory. You are not allowed to transfer the license to another unless assignment, as defined in the agreement, applies.
The intellectual properties rights are very complex and different jurisdictions may apply.
E.g., assuming the software was purchased in Poland, the non-transferability principle is void and invalid and, in fact, all the SDL EULA is invalid 'cause this kind of document should be provided in Polish.
In Poland, you'll probably win a trial against all the SDL lawyers.
Nonetheless, if the software was purchased online in the SDL shop, the English law applies and, indeed, the license is not-transferable.
So, support your local dealer
Generally, FL licenses are not transferable, but the Pro can be sold.
At least I did for some Trados previous version
Cheers
GG
[Edited at 2011-08-15 08:40 GMT]
| | | | | Barrack Room Lawyers | Aug 16, 2011 |
Hi Grzegorz,
I guess this title applies to us both, so the only advice I will offer in response to what you have said is that SDL legal stands behind the End User License Agreement, and believes it is very clear and in accordance with Polish Law. The License is non transferrable, and is designed specifically for a defined end user. In the event the end user is acquired the license can be transferred (in this limited capacity) to the new legal owner of the end user. Except for thi... See more Hi Grzegorz,
I guess this title applies to us both, so the only advice I will offer in response to what you have said is that SDL legal stands behind the End User License Agreement, and believes it is very clear and in accordance with Polish Law. The License is non transferrable, and is designed specifically for a defined end user. In the event the end user is acquired the license can be transferred (in this limited capacity) to the new legal owner of the end user. Except for this specific event the license cannot be transferred or assigned to a third party. Furthermore a license does not need to be in Polish to be acceptable and legally binding.
Your comments and your opinion are interesting as always but I think anyone reading this would be wise not to put it to the test... not withstanding the more practical licensing issues that you would also have to resolve when this is tied to a specific user in a specific account.
Regards
Paul ▲ Collapse
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Jaroslaw Michalak
Poland
Local time: 17:18
Member (2004)
English to Polish
SITE LOCALIZER | Look, Ma, I can read legalese! | Aug 16, 2011 |
SDL Support wrote:
not withstanding the more practical licensing issues that you would also have to resolve when this is tied to a specific user in a specific account.
Translation: we keep the licenses on our server, so we decide who can use them... Their legal status is of secondary importance.
| | | | | Theory and brute force... | Aug 16, 2011 |
SDL Support wrote:
I guess this title applies to us both, so the only advice I will offer in response to what you have said is that SDL legal stands behind the End User License Agreement, and believes it is very clear and in accordance with Polish Law.
As I said, the intellectual property laws are very complex.
So why Microsoft translates its EULA documents into Polish in order to assure they're legally binding in every case.
The License is non transferrable, and is designed specifically for a defined end user. In the event the end user is acquired the license can be transferred (in this limited capacity) to the new legal owner of the end user. Except for this specific event the license cannot be transferred or assigned to a third party. Furthermore a license does not need to be in Polish to be acceptable and legally binding.
No, Paul.
If the sale was made in Poland, the Polish Language Act (Oct. 11, 1999) rulez.
This kind of document should be provided in Polish.
Art 7a.
Even if we disregard it, for the transferability, the Polish Intellectual Property Law rulez.
This law is quite equitable i.e. it protects also the customer.
E.g., if the software doens't work properly, the customer is entitled to modify it.
I suppose it covers also the copy protection
AFAIR I discussed it some times ago in a more detailed way.
Your comments and your opinion are interesting as always but I think anyone reading this would be wise not to put it to the test... not withstanding the more practical licensing issues that you would also have to resolve when this is tied to a specific user in a specific account.
Wel, you (SDL) can always say "kiss my Trados" and, in the real life, I think it makes no sense to insist, SDL will simply ignore this kind of questions/notifications etc. unless a class action is made.
BTW, when I sold a pack of my Pro licenses some years ago, I was ignored by SDL during at least 3 months before you authorized the sale after an intervention of our local dealer.
So, indeed, it may "be wise not to put it to the test".
PS
The transition in the way the license transfer is handled in the real life was made when the software licensing were introduced.
Formerly, I had no problems to resell a bucket of second hand Trados Pro dongles and the upgrade cllaims of my customers were always respected.
Cheers
GG
[Edited at 2011-08-16 17:31 GMT]
| | | | | As you said... | Aug 16, 2011 |
... the laws are complex.
As I said, we're all barrack room lawyers.
As we seem to agree... probably wise not to test. I reckon it would be far easier to talk to us and we may be able to come up with an equitable solution in most cases.
Regards
Paul
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